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PRACTICAL ANALY 



THE SEVERAL LETTERS PATENT 




THE EPISCOPAL CHARTER 

AVOCAT 

©ftc 5ee anir Btorm ot oMattta, 



TffiE L4W.S jIM) canons applicable thereto 



INCLUDING 



ECCLESIASTICAL PROCEEDINGS AND PRECEDENTS 



BY 

WILLIAM HENRY ABBOTT, 

ATTORNEY AND PROCTOR OF THE SUPREME COURT, AND REGISTRAR OF THE ARCHDEACONRY 

OF CALCUTTA. 



Calcutta ; 

PRINTED AT BISHOp's COLLEGE PRESS, BY H. TOWNSEND. 

1828. 



V I 1 

O - 






•I A! 



3 



TO 
THE MOST REVEREND FATHER IN GOD, 

CHARLES, 

BY DIVINE PROVIDENCE LORD ARCHBISHOP OF CANTERBURY, 
PRIMATE AND METROPOLITAN OF ALL ENGLAND, 

THIS WORK, 

COMPILED CHIEFLY FOR THE PRACTICAL USE 

OF 

THE CHAPLAINS OF THE HONORABLE THE EAST INDIA COMPANY, 

AND THE OTHER CLERGY 

IN THE DIOCESE OF CALCUTTA, 

SUBJECT TO HIS GRACE'S ARCHIEPISCOPAL SEE AND PROVINCE, 

IS 

HUMBLY INSCRIBED 

BY 

THE AUTHOR. 



PREFACE 



Some apology may be deemed requisite for a publication, 
which, with respect to the extensiveness of its utility, will 
possibly appear to some readers to be uncalled for and 
unnecessary. 

From the augmented number of the episcopal establish- 
ment in British India, the whole of the Honorable Company's 
Chaplains and licenced Missionary Clergy, with the different 
officers holding ecclesiastical appointments under the Bishop 
and Archdeacons, now amount ia the Indian Diocese, to up- 
wards of two hundred, and are yearly encreasing : and from 
the extreme distances and magnitude of the respective Arch- 
deaconries, subordinate to that See, as well as from the very- 
scattered, detached, and remote residencies and stations of 
all the Clergy, it has been long suggested, that a work, 
calculated to afford information in a practical view, in refer- 
ence to the general provisions of the several Letters Patent) 
and to comprise the necessary ecclesiastical forms in force 
throughout that Diocese, was heavily felt as a desideratum, 
in many parts of India. 

It was therefore chiefly in the hope of being able to supply 
this want, in the now greatly augmented state of the esta- 
blishment, that the following pages were attempted. 

It was thought also that such a publication would not be 
found wholly useless to the different Registrars, on account 
of the number of ecclesiastical forms it contains ; and the 
work has been in consequence published, and is with some 
anxiety respectfully offered to the Clergy, and such of the 
Proctors of His Majesty 's Courts of judicature in British 
India, as are already connected with, or as may eventually be 

a 



VI PREFACE. 

appointed to the English episcopal establishment adverted to, 
in the humble assurance of its meeting with every indulgence. 
It may be noticed, by way of introduction, that by the 
53 Geo. 3, cap. 155, § 52,* it was enacted, that it should be 
lawful for His Majesty from time to time, ifhe should think 
fit, by His Majesty's Letters Patent, to grant to the Bishop of 
Calcutta, such ecclesiastical jurisdiction and the exercise of 
such episcopal functions within the East Indies and parts 
therein mentioned, as His Majesty should think necessary, for 
the administering holy ceremonies and for the swperintendance 
and good government of the Ministers of the Church establish- 
ment within the East Indies and parts aforesaid : and that by 
the Letters Patent of 1814,| (which declare that the See 
and Diocese, and Bishop of Calcutta, should be subject and 
subordinate to the Archiepiscopal See of the Province and 
Archbishop of Canterbury, in the same manner as any other 
See within that province in England, except in the matter of 
appeals, which were directed should be made to the Commis- 
sioners Delegate as therein appointed) His Majesty gave to 
that Bishop authority to ordain and to confirm, and to perform 
all other functions peculiar to the office of a Bishop, within 
the Diocese of Calcutta : and authorized that Bishop and his 
Commissaries to exercise jurisdiction, spiritual and eccle- 
siastical, throughout the same Diocese, according to the 
ecclesiastical law of England, in the several causes and matters 
specified; ajl which will be found to be fully detailed in the 
following Analysis. 

In reference to the due exercise of such authority and 
jurisdiction as above granted, according to the ecclesiastical 
law of England, it may be useful to premise that the ecclesi- 
astical law is compounded, partly of the civil law, by which 
is meant the law of the ancient Romans; partly of the canon 
law, of which more hereafter; of the common law, which is the 



* For which see extracts, Appendix. 

f See Letters Patent of the 2nd May 1814, 54th Geo. 3di Appendix. 



PREFACE. V1L 

municipal law or rule of justice throughout the realm of 
England, and known as the lex non scripta or unwritten law ; and 
pf the statute, or written law contained in the acts of parlia- 
ment.* 

, It is mentipned, that under .the head of, the statute law, 
are reckoned the Thirty-nine Articles;! and which have 
been referred to in the Analysis, simply to exhibit the law as 
thereby established. 

As the Canon Law may in the Indian Diocese be considered 
of primary importance, something more, in explanation, may 
be added concerning it. 

It is observed of the Canon Law, that the Apostles of our 
Saviour framed certain regulations for the government of the 
Church, which were called Kavuveg, or rules, to distinguish 
them from the laws enacted by the secular authority, although 
the learned have differed as to the authenticity of the Canons 
of the Holy Apostles, which are to be found both in the corpus 
juris civilis and juris canonici. These rules were explained 
and enlarged by several councils of the Church, and Justinian, 
in Novel 331, cap, 1, gives the force of civil law to those 
established by the four Councils of Nice, of Constantinople, 
,of the first Council of Ephesus, and of the Council of Chal- 
.eedon.f 

After the reign of Justinian, the authority, of Canons made 
in the general or provincial councils, and of the writings of 
,the Fathers still prevailed. 

To the foregoing may be added, some novel constitutions of 
the Bishops of Rome.§ 

Besides these portions, which are termed in England the 
Foreign Canon Law, there is also that of the Canon Law of 
England, which, as Mr. Justice Black stone, adds, " js com - 
" posed of legatine and provincial constitutions, and adapted 
"only to the exigencies of this Church and Kingdom. The 



* Dr. Burn's preface to his Ecclesiastical Law. 

tia. 

X Mr, Tyrvvhitt's note e. to 8th Edit, Burn's Freface, p. xxii. 
$ Bum's Ecclesiastical Law, preface, p. xxir. 



V1I1 PREFACE. 

" Legatine Constitutions were ecclesiastical laws enacted in 
ci national synods held under the Cardinals Otho and Otho- 
" bon, Legates from Gregory IX. and Clement IV. in the reign 
" of King Henry III, about the year 1220 and 1268. The 
*f Provincial Constitutions are, principally, the decrees of 
" provincial synods held under divers Archbishops of Can- 
•* terbury, from Stephen Langton, in the reign of Henry III, 
" to Henry Chichelle in the Reign of Henry V, and adopted 
" also by the province of York, in the reign of Henry VI. At 
" the dawn of the Reformation in the reign of Henry VIII, it 
" was enacted in parliament, (statute 25 Hen. VIII, c. 19, 
"revived and confirmed by 1 Elizabeth, c. 1.) that a review 
"should be had of the Canon Law: and till such review 
•' should be made, that all canons, constitutions, ordinances, 
*' and synodals provincial, being then already made, and not 
<c repugnant to the law of the land or the King's prerogative, 
" should still be used and executed ; and as no such review 
" has yet been perfected, upon this statute now depends the 
% authority of the Canon Law of England." Bla. Com. vol. 1, 
p. 83. 

With respect to the present operation and force and effect 
of the Canon Law over the Clergy generally, particularly as to 
the Canons of 1603, {in the appendix) though they have never 
passed parliament, the following authority may be considered 
as decisive. Lord Hardwicke cites in 2 Atk. 605, the opinion of 
Lord Holt, and declares, " it is not denied by any one, that it 
" is very plain all the Clergy are bound by the Canons, con- 
" firmed by the King only:" and again, in More v. More, 2 
Atk. 158, it is laid down, " that the Canons must be pursued 
" with the utmost exactness by ecclesiastical persons."* 



* Of the four species of Courts in England, in which the canon laws (as well as the civil 
law) are permitted under different restrictions to be used, the Courts of the Archbishops and 
Bishops and their derivative offices are mentioned. In all it is laid down the reception of 
those laws, in general, and the different degrees of that reception, are grounded entirely upon 
custom. 1 Com. 83. Thus, 

1. The courts of common law have the superintendency over these Courts, to keep them 
within their jurisdiction, to determine wherein they exceed them, and to restrain and prohibit 



PREFACE. . IX 

No other proof is required to shew that the canon law, 
which is thus obligatory on the Ministers of the Church of 
England universally, must be equally binding on the 
Clergy of the Indian Diocese, now annexed to the province of 
Canterbury. If such proof were wanting, the following extract 
would supply it: and scarcely any other apology need be 
offered for inserting in this place, as introductory in every 
respect, the following passages from Bishop Middleton's 
Primary Charge to his Clergy, delivered at Calcutta in the 
year 1815, admirably pointing out the measures necessary to 
be pursued and adhered to, for giving effect to the purposes, 
which the legislature contemplated when it made provision for 
an episcopal establishment in British India: and some of the 
practical duties concerning the Clergy in this Diocese. 

" I am fully aware, that in proceeding to the consideration 
" of these points, I am entering upon a subject of no common 
< ( difficulty : I am deeply sensible of the difference, which sub- 
" sists between the condition of Christianity in these regions, 
" and the order and stability, which it has long attained in 
" England: I am ready to admit, that the duties of the Clergy 
" are here to be performed in circumstances somewhat pecu- 
w liar; that the public feeling is to be considered and con- 
if ciliated ; and that the suggestions of Christian prudence no 

such excess ; and in case of contumacy, to punish the officer who executes, and in some cases 
the Judge who enforces the sentence so declared to be illegal. 

2. The common law has reserved to itself the exposition of all such statutes as concern 
either the extent of these Courts, or the matters depending before them, and therefore if the 
Courts either refuse to allow those acts of parliament, or wall expound them in any other sense 
than what the law puts on them, the Courts at Westminster will grant prohibitions to restrain, 
and contrqul them. 

3. An appeal lies from all these Courts to the King in the last resort, which proves that the 
jurisdiction exercised in them is derived from the Crown of England, and not from any foreign 
potentate or intrinsic authority of their own. See stat. 25 H. 8, cap. 21. 

From these three strong marks and ensigns of superiority, it appears beyond a doubt, that the 
canon (and civil) laws, though admitted in some cases by custom, in some Courts, are only 
subordinate ' et leges sub graviore lege;' and that thus admitted, restrained, altered, new 
modelled and amended, they are by no means a distinct, independent, species of laws, but 
inferior branches of the customary or unwritten laws of England, properly called the King's 
ecclesiastical, military, maritime, or academical laws. 1 Bla. Com, 83, 84. ant} see also 3 Bla, 
Cum, 102, 103. 



X PREFACE. 

" where require to be observed with stricter care : but thev 
" inferences, which arise from this state of things, must be 
"drawn with discrimination, or they will lead to conse- 
" quences, which instead of removing our difficulties, could 
" only tend to increase them. You are not to infer, where an 
" object is definite, and legitimate, and accompanied, as we 
" cannot doubt, with God's blessing, that impediments, 
"however formidable in the outset, can in their nature be 
"permanent: it would be wrong to infer, that schemes of 
" improvement are not to be prosecuted with ardour, because 
"hitherto they have been scarcely thought of, or under every 
"disadvantage have failed ; and admitting the existence of 
"difficulties to the utmost extent,! will venture to remind 
" you, that the just conclusion is the necessity of a ready and 
" conscientious co-operation under one head ; upon whom, 
< x after all, (and I feel it to, be no light responsibility,) the 
"blame of failure must principally rest. And when we 
" recollect, that those who have been most forward to allege 
" the peculiar circumstances of this country as arguments 
" against improvement, have usually been persons not re- 
" markable for their attachment to the Christian cause, I trust 
" that the last to insist upon impediments, and to shelter 
" themselves behind anomalies, will be the English Clergy. 
" We have no natural impediments to contend against, but the 
" manners and habits incidental to an enervating climate : and 
" yet there is no region on the earth, where the religion of 
"Jesus, if due care be taken to plant and to water it, will not 
"flourish. The most dissipated city of the East became one 
" of the earliest and most distinguished seats of the Gospel. 
" We know taht * the disciples were called Christians first at 
" Antioch ;' and that a branch of the church of Antioch has 
" subsisted for centuries, under every discouragement, amidst 
" the mountains of Malabar. 

"An unavoidable delay in the promulgation, by the Supreme 
"Government, of His Majesty's Letters Patent, has induced 
" me to postpone, for so long a period, the exercise of certain 



PREFACE.' Xl 



* c powers vested in the Bishop, and especially the very im- 
11 portant measure of licensing my Clergy. The new system, 
" however, is now in full force; and 1 am enabled to inform 
f you, in what light yon are henceforward to consider your- 
" selves, as well as to afford you a sketch of some particular 



" obligations. 



" I wish that I could announce to you, that you were in all 
"respects placed upon the footing of parochial incumbents; 
" that each of you was to have his parish church, to which 
i* he was to be regularly instituted and inducted, and that he 
" was to be assisted in the superintendence of his flock by 
" church-wardens and overseers, as the parochial clergy are 
6( in England. Tn time, no doubt, beneficial changes will be 
" oradually introduced : for the present, however, you are 
" required to make the best of the circumstances in which 
(< you are actually placed ; and they 1 are ,such as to justify 
" the expectation of your discharging the duties of Clergymen 
V with a high degree of usefulness and effect. You are many 
<i of you still, by the nature of your duties, military chap- 
" lains ; but by no means subject to all the inconveniences, 
" which the name seems to imply. You are placed com- 
4t pletely and exclusively under ecclesiastical jurisdiction: 
■" you have fixed and permanent stations, to which you are 
?' henceforward to be nominated by myself;* and your corres- 
" ponclence on all ecclesiastical matters will be carried on 
" with myself or my Archdeacons : the rules prescribed for 
" the regulation of your conduct will be precisely the same, 
" except where local circumstances render it impracticable, 
" with those which subsist at home : my Letters Patent direct 
" me to administer the ecclesiastical laws, as they are received 
" in the realm of England: and they evidently contemplate 
" no other discipline, than that under which our Church has 
" been favoured with such manifestations of the divine bless- 
" ing, and still continues, notwithstanding* the cavils of 

* The Court of Directors^-di^ not con^xm tfcs t^guiatioa Chen made by the local Government in 
this respect. 



XII PREFACE. 

" bigoted or ignorant men, to be the great depositary of 
" scriptural knowledge and sacred truth, and, under Christ, 
" the main support of Christian piety throughout the world. 

" It is needless, I trust, in any circumstances, to employ 
" much time in reminding Clergymen of the obligation which 
" they contracted, when they solemnly devoted themselves to 
V their holy calling; to bring to their recollection, that they 
" promised, by the help of God, to f give faithful diligence 
" always so to minister the doctrine and sacraments, and the 
" discipline of Christ, as the Lord hath commanded, and as 
" this Church and realm hath received the same :' and that 
" in the public worship of God they will use the form pres- 
4t cribed in the Book of Common Prayer, and none other: 
" an engagement, which precludes addition and omission, and 
" every alteration whatever, And yet, perhaps, in the peculiar 
" circumstances attending the situation of the Clergy in this 
" country, one great danger, to which they have been exposed, 
" has been that of falling into habitual neglect of canonical 
"regularity: some practices of this kind have, in truth, come 
" to my knowledge, of which, in the reliance that they will not 
" be persisted in, I would much rather suggest the excuse, than 
*\ pronounce the censure. I am ready to admit, that the Clergy 
" have hitherto been placed in a condition by no means favour- 
" able to the correct and regular performance of their duties. 
" It is doubtless a high advantage enjoyed by your brethren in 
If. England, that their attention is so frequently drawn to every 
" topic connected with their profession. Episcopal and archi- 
"' diaconal visitations afford the means of instruction and ad* 
* vice, as well as of a ready and frequent intercourse among 
" the Clergy of the same district : the example of an incumbent 
" of revered character and approved judgment silently yet 
" powerfully operates on his younger brethren, who are 
" placed in his immediate neighbourhood : and occasionally, 
" the penalties inflicted on the grosser derelictions of duty, 
" and sometimes even on the omission of forms, will not suffer 
" any to fall into a general inattention to subjects of this 



PREFACE. Xlll 

" nature. In the utter absence of these helps and restraints, 
" it cannot be matter of surprise, if uncanonical practices have 
M sometimes been admitted ; especially in a country, where 
"the laity themselves, little conversant with such subjects, 
" have not exacted from the Clergy the same attention to 
" established order, which is generally expected at home. 
" These considerations seem to demand, especially at this 
" our first meeting, that I should somewhat enlarge upon the 
"topic of discipline. 

" The age in which we live, is not generally chargeable with 
" any want of zeal in behalf of religion. The value of Christian 
" nity is feltand acknowledged by the great mass of Christians ; 
" and very praiseworthy efforts are made for its diffusion. 
" Much, however, of this zeal is destitute of regulation, or is 
" directed only by the private views and notions of those, by 
" whom it is cherished ; and while those notions are so discor- 
" dant, and are sometimes inculcated with so little regard to any 
¥ recognised authority, it is to be expected, that the obligation 
" to order in religious proceedings should be little attended to, 
"and, inconsequence, not generally understood: there seems 
" even to-be a prejudice against it, as if it were injurious to zeal, 
" by having a tendency to cramp its exertions and to narrow 
" the range of piety. It may be supposed, that an order of 
u men, who have voluntarily adopted the sober views of the 
" Church of England, and who know the grounds on which her 
" discipline is established, and have had experience of its use 
" and necessity, will be little liable, on such a subject, to be 
" affected by the fluctuating opinions of the day ; and yet, per- 
" haps, it is too much to hope, that any of us, especially in such 
" circumstances, should be wholly exempt from the influence 
" of prevailing sentiment : human nature is too weak to adhere 
" invariably and inflexibly to principles, which, however 
" solemnly adopted and powerfully established, are yet dis- 
" paraged in the public estimation, and not always observed in 
" practice. I would remind you, then, that the order and 
" discipline of our Church are an integral part of its constitution, 

b 



XIV PREFACE. 

" considering it as an instrument in the hands of God for the 
" maintenance and diffusion of truth. The inculcation of sound 
te doctrine is perceived by the most superficial, to be the highest 
" object and aim of religious instruction; but it is not always 
" remembered, that sound teaching can be maintained only by 
" salutary discipline; and that the unity of truth must be pre- 
" served by a reference to some particular interpretation of 
" Scripture. Neither can provision be generally made for the 
*' maintenance of religion, but through the aid of an ecclesiasti- 
cal polity; not necessarily, indeed, enjoying the sanction and 
V protection of the state, but sufficiently strong to maintain and 
"enforce its regulations against opposition : which, however, 
" in the present condition of society, is scarcely supposable to 
" any great extent, without the assistance of the temporal 
" power. And such appears to be the actual constitution of 
" the Church of England. Its government and discipline ori- 
" ginally emanate from higher authority than any human 
" enactments, or the power of princes; even from the word of 
" God, and the promises of Christ, and the practice of his 
" apostles: its liturgy and its articles, though of human com- 
*' position, are yet interpretations of Scripture by persons, ta 
" whom was committed the ministry of the word : and the 
" rubric, which it has framed to preserve a decency and pro- 
j; priety of worship, and the canons, by which it has provided 
" for its government, are the results of piety and experience 
" applied to these particular subjects: the part which the state 
" has taken in these proceedings, has been only to adopt and 
" to sanction them, and to secure to the Clergy, who teach in 
" conformity with such principles, the emoluments, which a 
"Christian state will appropriate to the maintenance of the 
" Gospel, together with certain immunities and honours, to 
" uphold them in the eyes of the world. 

" If this statement, then, be just, nothing can be more 
"unfounded than any prejudice against the order and disci- 
" pline of our Church, as tending to interfere with a salutary 
"zeal; I mean, supposing such prejudice to subsist among 



PREFACE. XV 

" many of its members. With respect to others, the case is 
*' more intelligible, though it hardly deserves our notice : it 
" is natural for those, who have no idea of sacred truth 
" beyond the narrow views of the sect or party, with which 
" they happen to be connected, to cherish a hope, that if the 
*' established interpretations of Scripture were divested of 
" authority, and order and system could be brought into 
" disrepute, their opinions would meet with less opposition : 
" but with such we have at present no concern. For us it is 
" sufficient to be convinced, that all the undoubted verities 
" of Scripture are maintained and inculcated by our Church ; 
" that it furnishes the most ample means of grace, and well- 
" founded hopes of glory ; that its rites are primitive, and 
*' decent, and edifying; and that it imposes no restraints on 
'"' zeal, but such as are necessary to order and peace, and to the 
*' maintenance of that establishment, under which the pur- 
" poses of genuine piety are most easily attainable : and if 
* 6 any occasional inconvenience seems to result from the 
" operation of the rules, which it has prescribed, it will be right 
<( to consider, though I cannot imagine a case, in which the 
*• inconvenience can be shewn, that in this, as in other 
" instances, particular must give way to general good. 

" But in considering the unreasonableness of the prejudices 
*' against ecclesiastical discipline, it were unjust to rest its de- 
*f fence upon abstract principles, or even upon the constitution 
*' of the Church of England. The primitive Church, if we 
" may rely upon the records of its earliest proceedings, was 
" not more remarkable for the zeal and intrepidity of its 
" preachers, than for their strict conformity to order, and their 
" care to inculcate respect for discipline on the minds of their 
K converts. To imagine that the first Christians bore any 
*' resemblance to the wild fanatics, who act as if it were a 
" mark of piety to * despise dominion and to speak evil of 
" dignities,'* would indicate an utter ignorance of the history 
" of our religion. It is well known, that the order and dis- 
" cipline, the foundation of which had been laid by the 

* Jude 8, 



XVI PREFACE. 

" apostles, was a subject of unremitted attention in their 
" immediate successors. Not only is this apparent from the 
" writings of the apostolical fathers, but still more so, if 
" possible, from the history of the early councils, and the care 
"to provide for every emergency in the government of the 
~" rising church. Many of the canons decreed at these 
" councils refer to doctrine, and scarcely fewer to discipline: 
" and though it is admitted, that the work which has come 
" down to us, under the name of ' apostolical canons/ did 
" not actually proceed from the apostles, it has been shewn 
"to be of an antiquity little posterior to the apostolic age, 
"and in the judgment of Bishop Beveridge has merited the 
" appellation of ' the Code of the Primitive Church.'* The 
" truth appears to be, that the zeal of the early Christians 
"went hand in hand with order and submission to authority; 
" and whatever may be alleged of the influence and splendour, 
" which the Church acquired by the conversion of Constan- 
" tine, it is certain that the jurisdiction of the hierarchy had 
" been fully recognised from the earliest times ; and that the 
" great body of Christians evinced a conscientious obedience to 
" laws enforced under no other penalty than that of spiritual 
" excommunication, and deriving no support from the state." 
Bishop Middleton then proceeds to apply this part of his 
address, as connected with the possible extension of the Gos- 
pel in India; and after reverting to an act of the legislature in 
the reign of King William, which enjoins, that "such Ministers, 
" as should be sent to reside in India, should apply them- 
" selves to learn the native language of the country, the better 
"to enable them to instruct the Gentoos, who should be 
"servants of the Company, or of their agents, in the Pro- 
" testant religion,"! continues the above subject as follows:- — 



* Vide Cotelerii Patres Apostolicos, vol. 1, p. 432. 

t Charter of the East India Company, A. D. 1698. — The author would not omit the allusion to 
the Rev. D. Corrie, the present Archdeacon of Calcutta, in this part of the charge. Adverting 
to the Missionary proceedings of that time, Bishop Middleton observes, he had met with none* 
which had been conducted with a happier combination of zeal and judgment than one of the 
clergy (the Gentleman now named) had displayed. 



PREFACE. XVll 

" Every consideration, which can be urged in behalf of our 
"national Church, clearly supposes it to be well administered, 
iS and that the Clergy, each in his station, be observed to dis- 
" charge their allotted duties with regularity and regard to 
" system. We otherwise become unconnected individuals, and 
" cannot possess in the public estimation any advantage arising 
" from our peculiar fitness to form a general standard. Even 
if with a view to our making converts by the mere force of 
u example, the effect of such regularity can hardly fail to be felt. 
" In the early ages, unbelievers, in endeavouring to account for 
" the rapid progress of the Gospel, laid great stress on the re- 
" gularity and order of the Clergy; and Sozomen* has preserved 
ft to us a remarkable letter of Julian the apostate to the high 
" priest of Galatia, in which he urges the priest to engraft on 
" paganism the laws and usages, by the observance of which 
" the Christian Clergy had been so successful. But in the 
" lowest view of the subject, and supposing that in the plan of 
" providence other means should be chiefly effectual in dis- 
" seminating the truth, if the doctrines of our church are 
" ultimately to be received as the preferable interpretation of 
'* scripture, they must be diligently and consistently incul- 
" cated ; and if her discipline is to be the model, it must be 
" exhibited in all its strength. This is our proper vantage 
" ground : and if we are verily persuaded, that the purest 
" principles of the Christian faith are those which we are 
" pledged to maintain, and that our Church is really built on 
" the foundations of the apostles and prophets, Jesus Christ 
" himself being the chief corner-stone, we shall not abandon 
" our ground by remissness, by irregularity, or by specious 
ff attempts at accommodation. 

" In the course of my connexion with you, if Providence 
" should spare my life, I shall endeavour to keep in view the 
" general principles here laid down, and apply them to circum- 
" stances, as these may arise. For the present, under this 



* Hist. Eccles. lib. r. c. 16. 



XV111 JfcEFACE. 

" head, I will content myself with urging you to a strict con- 
" formity with the rubric and the canons of our Church: they 
" have the same force in India that they have in England : and 
" they are equally to be observed, wherever they are not 
" plainly inapplicable : of which I shall be enabled to judge. 
u Your dress, minute as the subject may seem, is by no means to 
" be disregarded ; and I am not aware that even the climate 
" can require us to divest ourselves of any of the external marks 
" of our profession : where, indeed, the Clergy are so few, it is 
" more especially necessary, that they should be distinguish- 
" able, and should maintain respect. The same remark will ap- 
" ply to every feature of yourdeportment and conversation : and 
" in truth, whenever I consider these points, I am convinced, 
" that the responsibility which attaches to your situation, is 
" even, if possible, greater than that which belongs to incum- 
" bents in England. The Ministers of the Gospel are every 
" where ordained to be lights in the world ; but here, in a 
" world of thick darkness : and if any of you hide his light, there 
" is no one at hand to supply his place, or to keep alive the 
" sacred fire of divine truth in a region of wide extent ; the 
" charge is committed to a single individual, on whose fidelity 
" and vigilance every thing must depend. Under the same 
x< head of admonition, I would remind you of the propriety, 
u wherever there are Churches, of using them in the perform- 
" ance of such offices, as the rubric does not authorise in any 
" other place. The practice which has been admitted in some 
" instances, of performing the marriage service at all hours of 
"the day, and in private houses, even where a Church is 
" within a convenient distance, I cannot sanction or allow: 
" and even where there is no Church, the decency and 
" solemnity, which have prescribed certain hours for the pur- 
" pose are quite as deserving of regard in this country as in 
" any part of the world. So likewise in the administration of 
" the office of baptism, the attendance of sponsors is to be 
"required in the manner which the rubric directs : it is a 
" salutary institution, both with respect to the provision, 



PREFACE. XIX 

" which it makes, for bringing up children in the nurture of 
" the Lord, and as it tends to connect individuals, who are not 
" joined by any necessary tie, in the bonds of Christian love. 
" There are, probably, other topics of this kind, which may 
" deserve notice : but what has been said will, I trust, be 
" sufficient to convey my notions generally, as well as to shew 
" the stress, which I lay on the specified particulars." — 
Charge delivered to the Clergy of the Diocese of Calcutta on the 
1th Dec. 1815, at the primary visitation, by T. F. Middleton, 
D.D. F.R.S. Lord Bishop of Calcutta >,* 

* The following extract selected from the Primary Charge, delivered to his Clergy by Bishop 
Heber, though not equally introductory and applicable to the immediate subject of this work, is 
however closely connected with the foregoing. The Bishop in describing the relative situation of a 
Clergyman in India and his functions, observes, in language peculiarly striking and interesting — 

" The Indian chaplain must not anticipate the same cheering circumstances which make the 
"house of the English parochial minister a school and temple of religion, and his morning and 
" evening walk a source of blessing and blessedness. His servants will be of a different creed 
" from himself, and insensible, in too many instances, to his example, his exhortations, and his 
" prayers. His intercourse will not be with the happy and harmless peasant, but with the 
" dissipated, the diseased, and often, the demoralized soldier. His feet will not be found at the 
" wicker gate of the well-known cottage ; beneath the venerable tree ; in the grey church-porch, 
" orby the side of the hop-ground and the corn-field ; but he must kneel by the bed of infection 
" or despair, in the barrack, the prison, or the hospital. 

" But to the well -tempered, the well-educated, the diligent and pious clergyman, who can 
" endear himself to the poor without vulgarity, and to the rich without involving himself in their 
"vices; who can reprove sin without harshness, and comfort penitence without undue indul- 
1 gence ; who delights in his Master's work, even hen divested of those outward circumstances 
"which in our own country contribute to render that work picturesque and interesting; who 
" feels a pleasure in bringing men to God, proportioned to the extent of their previous wander- 
" ings ; who can endure the coarse (perhaps fanatical) piety of the ignorant and vulgar, and 
* 1 listen with joy to the homely prayers of men long strangers to the power of religion ; who can 
" do this, without himself giving way to a vain enthusiasm ; and whose good sense, sound 
".knowledge, and practical piety, can restrain and reclaim the enthusiasm of others to the due 
" limits of reason and scripture ; to him, above all, who can give his few leisure hours to fields 
" of usefulness beyond his immediate duty ; and who, without neglecting the European penitent, 
" can aspire to the further extension of Christ's kingdom among the heathen ; — to such a man as 
" Martyn was, and as some still are (whom may the Lord of the harvest long continue to his 
" church) I can promise no common usefulness and enjoyment in the situation of an Tndian 
" Chaplain. 

" I can promise him, in any station to which he may be assigned, an educated society, and an 
" audience peculiarly qualified to exercise and strengthen his powers of argument and elo- 
" quence. — I can promise him, generally speaking, the favour of his superiors, the friendship of 
" his equals, and affection, strong as death, from those whose wanderings he corrects, whosa 
"distresses he consoles, and by whose sick and dying bed he stands as a ministering angel! — ■ 
" Are further inducements needful 1 I yet can promise more, I can promise to such a man the 



XX PREFACE. 

The contents of the following Analysis may now be statecfr 
In the first chapter will be found all that relates to the See and 
Diocese, as contained in the Letters Patent, with additional infor- 
mation applicable thereto ; and with tables of the ecclesiastical 
stations, and churches, already consecrated, in the respective 



" esteem, the regard, the veneration, of the surrounding Gentiles ; the consolation, at least, of 
*' having removed from their minds, hy his blameless life and winning manners, some of the most . 
" inveterate and most injurious prejudices which oppose, with them, the reception of the Gospel; 
" and the honour, it may be, (of which examples are not wanting among you,) of planting the 
" cross of Christ in the wilderness of a heathen heart, and extending the frontiers of the visible 
" church amid the hills of darkness, and the strongholds of error and idolatry. 

"In what I have said, I feel that I have expressed, almost without intending it, my opinion as 
" to what manner of man an Indian Chaplain ought to be ; and to such of you, my brethren, as 
" fill that honourable rank any further pastoral advice seems scarcely necessary. If there be any 
" thing more, it must relate to matters of detail and local expediency, which may be left to every; 
" man for himself, according to his personal and particular experience. 

" Two 3uch points there are, however, which I would generally press on the notice of all,' 
" because I can hardly conceive a situation in this country where an attention to both will not be 
" both necessary and blessed. 

" The first is a continued and earnest furtherance of and attention to those powerful aids in 
" your spiritual work, by the bounty of individuals, the parental care of Government, and the 
'.' pious munificence of the venerable Society for Promoting Christian Knowledge, — in regimental 
" or station schools, wherever they exist or can be established ; in the dissemination of religious 
" tracts, of our excellent Liturgy, and the Holy Scriptures ; and in the arrangement and conduct 
" of those lending libraries, which should more particularly fall under the Chaplain's care, and 
" which I hope, by God's blessing, to see established throughout this land, wherever there is a 
" barrack to receive, or an European soldier or invalid to use them. 

*■' The second point which I would recommend to every Chaplain who is preparing himself 
'* for India, or who yet looks forward to a lengthened residence here, is the attentive and 
" grammatical study of some one of the native languages. I mean not merely that jargon which 
" a few weeks will bestow ; which is picked up in our intercourse which the meanest of the 
" people, and which suffices, perhaps, to order bread to be placed on our table, or to expedite 
f our journey from stage. Nor do I recommend, as a general measure, what is to most imprac- 
" ticable, and useful, perhaps, to few, an investigation of the abstruse elegancies and intricate 
" machinery of the learned language of the Brahmins. But I do earnestly recommend some 
'.' further attention than the majority of Chaplains in India are accustomed to pay, to those 
" dialects which are intelligible to the great body of the Indian people, and which well-born 
" and well-educated men employ in conversing with each other. 

" The duty, indeed, of endeavouring the conversion of his heathen neighbours, is to a 
" Chaplain, I readily admit, an incidental duty only. It is a duty, nevertheless, expressly 
" contemplated in those laws which send him hither ; and the times may yet return in which it 
" may be expedient to remind the opponents of Gentile conversion, that to acquire the lan- 
*,* guages and instruct the natives of India is declared, in the charter of these colonies, to be a 
" legitimate and necessary part of the labours of every Chaplain whom the East India Company 
" shall employ." — Charge delivered to the Clergy of the Diocese of Calcutta at Calcutta, the 27th 
*' May 1824, hy the Right Reverend Reginald Heber, D. D. Lord Bishop of Calcutta, 



PREFACE. XXI 

archdeaconries.* The second chapter relates to the Bishop 
of the See and Diocese ; his appointment, powers, and func- 
tions ; and the proceedings in general, on his arrival, and 
installation, in India. In the third chapter, the appointments, 
institutions, and offices, of the several Archdeacons, and Com- 
missaries, and their functions, are given; with practical forms. 
The fourth chapter concerns the Ministers and Chaplains in 
the diocese ; containing instructions to them on arriving in 
India for obtaining licences to officiate; their practical duties, 
and other information connected with their appointments ; and 
with practical forms. In the fifth chapter, the appointments 
and duties of the Registrars in the archdeaconries, are treated 
of; to which are also added applicable precedents. Separate 
chapters are given, as to ordination, confirmation, consecration 
of Churches, and visitation, in the Indian Diocese; each 
chapter containing the order of proceedings, with forms ne- 
cessary to be observed and followed on those occasions. And 
lastly, a chapter, respecting the establishment of the Bishop's 
Consistory Court for the Archdeaconry of Calcutta, including 
the able address delivered on its opening. 

Of the precedents set out in each chapter, it may be observed^ 
that with the exception of a very few, the whole were brought 
out from England, by the author, in manuscript in 1814, and 
adapted to the Indian Diocese, by its first illustrious prelate, 
and whom to mention in this place, may perhaps be imputed 
to feelings of vanity — Bishop Middleton. — The same forms 
were followed, and acted upon, by his distinguished and still 
deeply lamented successor — Bishop Heber, and continue to 
be those observed. The proceedings on different occasions, 
as also given, were in great measure originally directed by 
Bishop Middleton. 

The Appendix contains the 39 Articles, and the Canons of 
1603; extracts from 53 Geo. 3, cap. 155; and 4 Geo. 4, cap. 

* In the Tables here adverted to, had it before occurred to the author, a column might have 
been added to each, giving the number of schools under the immediate superintendence of the. 
regular clergy, at the different stations. 

C 



XX11 PREFACE. 

71 ; copies of the Letters Patent of the 2d May, 54 Geo. 3> 
A. D. 1814; and his late Majesty's grant of the armorial 
ensigns of the see of Calcutta ; the Letters Patent of the 
27th Sept. 57 Geo. 3, A. D. 1817; the 27th May, 4 Geo. 4, 
A. D. 1823; and the 2d Oct. 5 Geo. 4, A. D. 1824. To which 
is added Bishop Middleton's Letter to the Reverend A. Ha- 
milton, Secretary to the Society for the Propagation of the 
Gospel in Foreign Parts, London; enumerating the objects 
of the institution of Bishop's College near Calcutta, as 
being in great measure connected with the contents of this 
work. And at the end of the Appendix will be found a copy 
of the Government General Orders regarding soldier's libraries; 
and such of the Government regulations as concern the 
Chaplains of the Honorable Company, on the Bengal esta- 
blishment. 

The author repeats his hope of receiving every indulgence". 
The volume, inconsiderable in size, as it has proved, has been 
hastily compiled, and only as his official and other duties 
permitted. And whatever may be the fate, or result of his 
efforts to be useful to the ecclesiastical establishment in Bri- 
tish India, it will be some satisfaction to his mind, to feel 
conscious that he has at least endeavored, by perseverance 
and industry, to accomplish that end, which might have been 
more effectually attained by superior pretensions and talents. 

Calcutta, August 1828. 



TABLE OF CONTENTS. 



Page 

Preface. ..,....,...••• i 

CHAPTER I. 

OF THE SEE AND DIOCESE OF CALCUTTA. 
Section 

I. Extracts from the several Letters Patent «, 1 

II. Of English Sees and Dioceses in general . . . 2 

III. Of the Indian See and Diocese 4 

IV. Of the Archdeaconries in the Diocese of Calcutta 5 

V. Of the Ecclesiastical Stations or Districts ...... 6 

VI. Tables of Stations and Churches in the Indian Archdeaconries. . . 8 



CHAPTER II. 

OF THE BISHOP OF THE SEE AND DIOCESE OF CALCUTTA. 

I. Of the Episcopal Office in general , 12 

II. Extracts from 53 Geo. 3, cap. 155, and particulars of the several 

Letters Patent relating to the Bishops of Calcutta ........... 14 

III. Observations applicable to the Episcopal Appointment and Office, 

and the Letters Patent ; Proceedings on the arrival, and on the 
Installation of the Bishop of Calcutta in India, and other in- 
formation relating to that Appointment 18 

IV. On the Vacancy of the See of Calcutta 22 



CHAPTER III. 

OF THE ARCHDEACONS AND COMMISSALUES IN THE DIOCESE 

OF CALCUTTA. 

SL Extracts from the several Letters Patent applicable 24 

Jl. Of the Institution, Induction and other Proceedings, concerning 

the respective Archdeacons in the Indian Diocese. ..♦. ., . ... 27 



XXIV TABLE OF CONTENTS. 

Sect. Page 

III. Of the Office of an Archdeacon by the Ecclesiastical Law of Eng- 

land ; and other Functions of the Archdeacons in the Diocese 

of Calcutta 34 

IV. Of the Resignation of the Office of Archdeacon in the Indian Dio- 

cese 37 

V. Of the Commissaries • 39 

VI, Practical Forms . .. 41 



CHAPTER IV. 

of the ministers and cha plains in the diocese of 

Calcutta. 

I. Extracts from the Letters Patent of the 2d May, 54 Geo. 3, A. D. 

1814 „ . 53 

II. Of the Ministers and Chaplains in the Diocese of Calcutta; and 
such of the Ecclesiastical Laws and Canons as apply to the 
Clergy generally, in order to being licenced to officiate; and 
other proceedings, applicable to the above portion of the 
Letters Patent ib.. 

III. Instructions to the Clergy on arrival in the Indian Diocese in the 

obtaining Licences to officiate ; and Information concerning the 
Ministers and Chaplains . . , 58. 

IV. The practical Duties of the Ministers and Chaplains in the Indian 

Diocese, after Licence ; and the legal Liabilities, and Privileges 

of the Clergy in general 63 

V. The practical Duties of the Ministers and Chaplains in the Indian 

Diocese, in reference particularly to the Ministration and Law 

of Marriage. •• > 7Q 

VI. The practical Duties of the Ministers and Chaplains in the Indian 

Diocese, in relation to the Ministration and Law of Baptism... 81 
VII. The Duties of the Ministers and Chaplains in the Indian Diocese, 

in reference to the Ministration and Law of Burial. 85 

VIII. Of the Registers of Marriages, Baptisms, and Burials in the Dio- 
cese of Calcutta, Bishop Heber's Forms, and the Returns as 

made in the Archdeaconry of Calcutta 8? 

IX Practical Forms 98 



TABLE OF CONTENTS. XXV 

CHAPTER V. 

OF THE REGISTRARS IN THE DIOCESE OF CALCUTTA. 
Sect. Page 

I. Extracts from the Letters Patent 1 04 

II. As to the necessary qualifications in order to the appointment of 

a Registrar in reference to the Letters Patent ib. 

III. Of the Appointments and Duties in general of the Registrars in 

the Archdeaconries in the Indian Diocese 1 06 

IV. Practical forms 109 



CHAPTER VI. 

ORDINATION IN THE DIOCESE OF CALCUTTA. 

I. Extracts from the Letters Patent and of the Statutes relating to 

Ordination applicable to the Indian Diocese 112 

II. Of Orders and Ordination in general; and of the Form annexed 

to the Common Prayer : and the time and place 115 

III. Of the Qualification and Examination of Candidates for Ordi- 

nation in the Indian Diocese : the Oaths and Subscriptions to 

be taken and made ; and the Instruments necessary 117 

IV. Of the Offices and Duties of Deacon and Priest, after Ordination. 121 
V. Practical Forms , . . 122 



CHAPTER VII. 

CONFIRMATION IN THE DIOCESE OF CALCUTTA. 

I. Extract from the Letters Patent 127 

II. Of the office of Confirmation by the Rubric and Canons ib. 

III. Proceedings and other particulars as observed at Confirmation in 

the Indian Diocese. 129 



CHAPTER VIII. 

CONSECRATION OF CHURCHES IN THE DIOCESE OF CALCUTTA. 

I. Of Consecration and Dedication in general 133 

II. Of Churches and Chapels, and particulars thereto ib. 

III. Of the Churches in general in the Indian Diocese. 135 



XXVI TABLE OF CONTENTS, 



Sect. 



Page 



IV. Proceedings and Instruments to be prepared previously to Conse- 
cration, in the Indian Diocese 138 

V. Preparation and Form of Consecration as given in Burn, adapted 

to the Indian Diocese , 1 39 

VI. Practical Forms 148 



CHAPTER IX. 

VISITATION IN THE DIOCESE OF CALCUTTA. 

I. Extracts from the Letters Patent of the 2nd of May 1814; and 

the 4th Geo. 4, c. 71,^5.. 155 

II. Of Episcopal Visitations in general ib. 

III. Episcopal Visitations, as made and held in the Indian Diocese, 

Bishop Middleton's Articles of Enquiry 1 57 

IV. The Form and Manner of holding the Bishop's Visitation in the 

Indian Diocese. 160 

V, Practical Forms... 161 



CHAPTER X. 

OF THE CONSISTORY COURT AT CALCUTTA. 

I. Of Consistory Courts in general 165 

II. Extracts from the Letters Patent of the 2nd May A. D. 1814 166 

III. Of the Establishment of the Bishop's Consistory Court at Calcutta. 168 

IV. Of the Proceedings and Causes incidental to Consistory Courts: 

when Causes summary and plenary, and other practical Infor- 
mation » 170 

Y. Bishop Middleton's Address on the Establishment of his Consistory 

Court at Calcutta , 173 

Index to the Analysis * , ,, 181 

Appendix 1 



CORRIGENDA. 

Page 6, lines 2 and 12, for Bishops read Bishop. 
8, for Section V. read Section VI. 
17, line 3, dele that. 

25, line 13, dele Clerk. 

26, Zme 24, read Bishop and. 

27, lines 15 ««d 16, /or duty of Archdeacons, read duty of an Archdeacon. 
37, line 4, of Section IV, dele that. 

43, lineSo, for into the said Archdeaconry, read into the Church of in the 

archdeaconry of 

44, lines 19 and 29, for unto your, read into the hands and possession of j r our. 

45, line 23, for desirous to, read desirous of returning to Europe and to. 

46, lines 37 and 38, for the said archdeaconry or archidiaconal dignity, read the *-■ 

church of as the Archdeacon. 

52, line 9, for the episcopal, read our episcopal. 

68, line 18, for cap. 38 and 6, read cap. 83, § 6. 
109, for Section III, read Section IV. 
151, line 14, for alter read altar. 



A 

PRACTICAL ANALYSIS 

OF 

THE SEVERAL LETTERS PATENT 

ERECTING, FOUNDING, AND CONSTITUTING, 

Cfje && antf Bwctu of Calcutta* 



CHAP. I. 

OF THE SEE AND DIOCESE OF CALCUTTA, 



SECTION I. 
Extracts from the several Letters Patent. 



A HE preamble of the Letters Patent of His late Preamble. 
Majesty, George the Third, dated at Westminster, the Jj ^ ^d? 
2nd of May A. D. 1814, declares, that, " Whereas, ^^J 
t( the doctrine and discipline of the United Church of „ . , , 

r Recites that the 

4( England and Ireland are professed and observed by a d °ctnneand 

<< -lii n tt n/r ■ i i • discipline of tiie 

considerable part of His Majesty s subjects, resident united church 

tc ' a.\ • ,i • i -i ys. „ of England and 

within the territories under the Government of the ireWd is pro- 
" United Company of Merchants trading to the East con^derabie 
" Indies ;" and that, " Whereas, no sufficient provision M^s^sab. 
" hath been made for the supply of persons duly or- £ {^ 
" dained, to officiate as Ministers, and that His Majesty's And that no 
" subjects are deprived of some offices prescribed in E2^mX 
" the Liturgy, and the usage of the Church aforesaid, 
" for want of a Bishop." 

B 



For remedy, 
His Majesty 
erects and con- 
stitutes the 
British terri- 
tories in the 
East Indies to 
be a bishop's 
see. 

Subject to the 
province of 
Canterbury. 



Letters Patent 
27th of May 
A. D. 1823. 
Appendix. 



Of the See and Diocese of Calcutta. [chap. 1. 

The same Letters Patent, then proceed to state, that, 
" for remedy thereof, His Majesty was pleased to 
" erect, found, ordain, make, and constitute, the said 
" British Territories, in the East Indies, to be a Bishop's 
" See, and to be called, the Bishopric of Calcutta. 
" Moreover, it was thereby ordained, that the said 
"' See of Calcutta should be subordinate to the Archi- 
" episcopal See of the province of Canterbury." 

And by other Letters Patent, His present Majesty, 
George the Fourth, dated at Westminster, the 27th 
of May A. I>. 1823, was pleased, also to declare, 
for removing all doubts, " that the See and Diocese 
" of the Bishop of Calcutta, should be extended over, 
- ■ the whole of His Majesty's territories within the limits 
" of the charter of the said United Company." And 
did ordain, " that the said See of Calcutta should be 
" subordinate to the Archiepiscopal See of the pro- 
" vince of Canterbury." 



English realm 
how divided. 



SECTION II. 
Of English Sees and Dioceses generally. 



BEFORE proceeding to the particulars of the ap- 
plication of the above Letters Patent to the Indian 
Diocese, it may be necessary to premise, something 
concerning English Bishoprics and the origin and 
meaning of Cathedrals or Sees,— and of Dioceses in 
general. 

The British realm is laid down to have two sorts of 
divisions, one into shires, or counties, in respect of the 
temporal state, and another into dioceses, in regard 
to the ecclesiastical state. 1 Inst. 94. And at this 
day, the ecclesiastical state is also divided into two 
provinces, or archbishoprics, to wit, Canterbury and 
York; each Archbishop hath within his province Bi- 
shops of several dioceses. Woods Inst. 2. 



sect. II.] Of the See and Diocese of Calcutta. 3 

With respect to the meaning and origin of Cathe- Jj^jg^ 
drals, or Sees, the following particulars are given, of the 
same. 

After the conversion of Constantine the Emperor, 
the other converts in those days, and in the following 
times, who were many of the governors and nobles, 
settled great and large demesne lands on those who 
converted them, and the first oratories, or places of 
public worship, are said to have been built upon those 
lands; which first oratories were called " cathedral 
sedes" cathedrals, or seats, from the Clergy's constant 
residence thereon. God. 347. Burn. vol. I, page275. 

The Cathedral is the see of the Bishop, and cannot 
be conveyed to another without him. Dean and Chapter 
of Norwich's case. 2d And. 168. The king, by his patent, 
may create a church, " et ambit um ecclesice' a cathedral. 
Hay ward v. Fulcher, Jones 166. 

The Sees of Bishops ought regularly to be fixed in 
such towns only as are noted and populous, and by 
the canon law, that, at what extent, or how populous 
soever the diocese, or jurisdiction of a Bishop, might 
be, it was most agreeable to the episcopal dignity 
to place the See, or Cathedral Church, in some large 
and considerable town. Gibs. 171. 

And every town which hath a See of a Bishop placed 
in it, is thereby entitled to the honour of a city. Gibs. 
171. 

And Lord Coke defmeth a city thus : A city (said he) 
is a borough incorporate, which hath had a Bishop, 
and though the bishopric be dissolved, yet the city 
remaineth. 1 Inst. 100. 

The word Diocese (Diocesis), signifies the circuit of Diocese what, 
every Bishop's jurisdiction. 1 Inst. 94. Burn. Ecc. Law, 
vol. II, page 157. 



4: Of the See and Diocese of Calcutta, [chap. I. 

SECTION III. 
Of the Indian See and Diocese. 



cutta 



Saint John's HAVING stated the foregoing, in reference to His 

Church at Cal- -- . , • •> T -n ii-rx- r s^ i 

c.tta novv the Majesty s said Letters Patent, and the Diocese of Cal- 
cutta, it may now be observed, that ever since the 
erection and foundation of that See, Saint John's 
Church in Calcutta, has been denominated the Cathe- 
dral of the See of Calcutta, being the principal Church, 
and in which the Bishops of Calcutta have their seat, 
and have hitherto been installed. 

Diocese of Cal- With regard to that Diocese itself, it would be 
beyond the purpose of the present analysis to give more 
than what is simply described in the several Letters 
Patent, which circumscribe the circuit thereof to within 
the limits of the Company's charter. And of those 
limits, the following may be added as being contained 
in the 53d Geo t 3, cap. 155, " all the territorial ac- 
" quisitions mentioned in the 33d Geo. 3, cap. 52, with 
" such of the territorial acquisitions of the Company, 
" since obtained on the continent of Asia, or in any 
" Islands to the North of the equator, in the possession 
" and under the Government of the Company ;" And 
the 33d Geo. 3, cap. 52, comprizes, " all islands, ports, 
havens, coasts, cities, towns and places, between the 
Cape of Good Hope and Streights of Magellan ;" and 
which are equally the same as mentioned in the 9th 
W. 3, cap. 44. 

The vast countries therefore in Asia, which form at 
present the Indian Diocese, and over which, the eccle- 
siastical jurisdiction of the See of Calcutta has been 
extended, render the same almost endless, for episcopal 
visitation. The greater part of Hindoostan, including 
the islands and countries to the eastward of the Bay of 
Bengal, as constituting the territories of the Honour- 
able the East India Company, comprehended originally 
that Diocese; afterwards, the island of Ceylon was 
added thereto; and subsequently, by the same Letters 



sect. IV.] Of the See and Diocese of Calcutta. 
Patent, all other His Majesty's territories within the 
limits of the Honourable Company's charter, have been 
declared to form and at present constitute the See and 
Diocese of Calcutta. 

Having thus cursorily enumerated the above, it is 
scarcely necessary to recur to what is laid down in 
England respecting the boundaries of English Dio- 
ceses, which are to be determined by witnesses and 
records, and more particularly, by the administration 
of divine offices. See Burn, vol. 2, page 157 ; and Gibs. 
133. 



SECTION IV. 
Of the archdeaconries in the Diocese of Calcutta. 



EVERY Diocese is divided into archdeaconries, and Every diocese 

. . divided into 

in England, archdeaconries again into towns or parishes, archdeaconries. 
\ Inst. 94. 

And, consistently with such ecclesiastical division, the Archdeaconries 

J of Calcutta, 

same Letters Patent of the 2d of May 1814, creating, Madras, and 
first the See and Diocese of Calcutta, proceed to consti- Letters Patent, 
tute one archdeaconry in and over the Presidency of Appendix. 
Fort William, in Bengal, to be styled, the Archdeaconry 
of Calcutta; one other archdeaconry in and over the 
presidency of Fort Saint George, on the coast of Co- 
romandel, to be styled, the Archdeaconry of Madras; 
and also one other archdeaconry, in and over the Pre- 
sidency and Island of Bombay, on the coast of Malabar, 
to be styled, the Archdeaconry of Bombay. All such 
archdeaconries are declared to be subject and subordi- 
nate to the Bishops of Calcutta. 

And his late Majesty, by other Letters Patent of the Archdeaconry 
27th of September, A. D. 1817, 57 Geo. 3, was pleased mh^tmi, 
to found one other archdeaconry within the British %f e »dil\ 
Territories in the East Indies, that is to say, at Colombo 
in the Island of Ceylon, to be styled, the Archdeaconry 
of Colombo, and to declare such archdeaconry to be 



6 Of the See and Diocese of Calcutta. [chap. I. 

also subject, during the royal pleasure, to the juris- 
diction, spiritual and ecclesiastical, of the Bishops of 
Calcutta for the time being. 
Arci.deacomy And His present Majesty, by other Letters Patent, 

of New South , r J J J 

Wales. dated 2d of October, A. D. 1824, 5 Geo. 4, was 

2d Oct. AD.,.. 

1824, 5 Geo. 4. pleased also to constitute one other archdeaconry, in 
and over the British Territories, within His Majesty's 
colony, or settlement, of New South Wales, and its 
dependencies, including Van Dieman's Land, to be 
styled, the Archdeaconry of New South Wales, and to 
be subject and subordinate, during His Majesty's plea- 
sure, to the Bishops of Calcutta for the time being. 

Archdeaconries fo define the bounds, or circuit of jurisdiction, of 

not yet denned, J 

nor "divided, as these archdeaconries, otherwise than by the limits of 

in the case of J 

the English the Presidencies or Governments, would be almost im- 
' possible ; the most inconsiderable of them may be said to 
be larger, in extent of country, than the two provinces 
of Canterbury and York, or the whole of the Dioceses in 
England ; and all that can be observed of the Indian 
archdeaconries is, that in this early state of the episcopal 
establishment, none of them, in reference to the condi- 
tion of the territories over which they extend, could, or 
can possibly, be circumscribed by bounds, as in the 
case of the archdeaconries in England; nor do they 
contain any defined parochial districts or parishes. 



SECTION V. 
Of the Ecclesiastical Stations or Districts. 



Thenrchdea- THE arc hdeaconries of Calcutta, Madras, Bombay, 

counes contain » ' J > 

stations or dis- an( j Colombo, at the present day comprize, only divers 

ministers are c i v ii or military stations, at which, ministers and chap- 
appointed to . l • 
officiate. lains, duly licensed, officiate; most of which stations, 

in these respective archdeaconries, may be considered 

as distant from each other, some, one hundred, and 

others, upwards of three and four hundred English 

miles ; the intermediate, or surrounding countries, being 



sect. V.] Of the See and Diocese of Calcutta. 7 

left without the assistance of any regular or permanent 
ministry. In some few districts, where any consider- 
able number of Europeans reside, or where missionary 
efforts have been directed, ministers, duly ordained, 
have been licensed to officiate. 

Nor have any of these stations or districts been, as Those stations 

J or districts 

yet, laid down or defined by limits according to the undefined, 
ecclesiastical polity of England, for the good order 
and Government of the Church. And as many public suggestions for 
advantages arise from such divisions (parishes being ^'"ustrias 
held to have been instituted for the ease and benefit at Calcutta - 
of the people,*) perhaps in the city of Calcutta, where 
the limits of that metropolis are so extremely exten- 
sive, and several churches already built, it might 
be found desirable and important, that some circuits 
resembling parochial boundaries, should be com- 
menced upon, in those parts of that city and its suburbs, 
where the Christian population mostly reside. The 
different churches, by being assigned to independent 
districts and having a cemetery to each, would more 
conveniently accommodate the public : the poor, or 
other fit objects of relief, be easier ascertained ; local 
charities and schools more effectually instituted ; and 
the Clergy, not only thereby become better identified 
within their respective cures, but spiritual aid, and the 
ministration of Divine offices, generally afforded with 
greater facility. 

In the present want at Calcutta of such ecclesias- 
tical divisions, the limits of the duties of the respective 
ministers of the several churches are now with diffi- 
culty to be ascertained ; and if the above measure met 
with the approbation of the Supreme Government, and 
the Clergy for the time being secured from loss or 
injury in their present appointments, parochial districts 
in the parts of the city of Calcutta mentioned, including 
the suburbs, might be formed, upon the mode and 
principle laid down in 58 Geo. 3, cap. 45, ^19, 21, 

• ~Js± -* • 

* So held by Lord Holt in 3 Salfc 88, 89, 



Of the See and Diocese of Calcutta. [chap. I. 
intituled, "an act for building in England additional 
"churches, and converting extra-parochial districts 
" into parishes ;" — and an approximation made thus, 
to the English forms in that particular. 



SECTION V. 



Tables of Stations and Churches in the Indian 
Archdeaconries. 



Tables of cieri- The Tables appended to this chapter will exhibit 

cal stations and . . 

places in the the names ot the stations, or places, in each of the 

orcaiTutta, 1 four archdeaconries of Calcutta, Madras, Bombay, and 

Madras^ om- £ i om b 0> a t which chaplains and ministers duly 

the^clurchef licensed have been appointed to officiate. The other 

thS?^ particulars contained therein may not, perhaps, in the 

present early introduction of the Church establishment 

in the East Indies, or to any reader at some future 

period, be entirely devoid of interest, as having been 

detailed at this date (1828). 

The number of consecrated Churches or Chapels 
within the respective archdeaconries is yet small, and 
inadequate, but the infancy of the Indian episcopal 
constitution, must be borne in mind, as well as the 
previous circumstances of British India. There are 
many stations in the Diocese of Calcutta at which the 
clergy are still obliged to perform the service on 
Sundays, either in barracks, or on the open plain; at 
others, in private houses, or else in bungalows hired 
merely for that purpose. As a matter of public concern, 
and for the interests of Christianity, it is humbly hoped, 
from the known liberality of the Honorable the East 
India Company, and the other Governments, that a 
greater number of churches, or edifices calculated for 
the performance of divine worship, will, in a few years, 
appear ; and the visible proofs of a christian feeling 
thus encrease with the advancing and improved state 
of the English Diocese in Asia. 



SECT. VI.] 



Of the See and Diocese of Calcutta. 
TABLE I. 

ARCHDEACONRY OF CALCUTTA. 



■ ■■ ■ ■ ■ 

Names of Places, 


Number of Churches 


Number of 
Ministers or 
Chaplains ap- 
pointed to 
each. 




or Stations to or at 


or Chapels of the 


In what year and by whom 


which Clergy have been 


Establishment at each 


consecrated. 


J licenced to officiate. 


Place or Statian. 




r 

i 


The Cathedral, St. 
John. 


Two 


Consecrated A. D. 1787. 


t 


One Church, St. 


One 


Consecrated by Bishop Heber, 




James. 




A. D. 1823. 


The City of Cal-J 
cutta. ] 


One Church, St. 


One 


Consecrated by Bishop James, 


Peter, within the 




A. D. 1828. 


1 


Fort. 








One Chapel, called 


Two 


Licenced by Bishop Middle- 


1 


Mission, or Old 




ton. 


I 


Church. 






Bishop's College, 
near Calcutta. 


The Collegiate 




Consecrated by Bishop James, 
A. D. 1828. 


Chapel. 




Kidderpore.. .... 




One 
One 
One 









Dum-Dum. . . .... 


One Church, St. 


Consecrated by Bishop Heber, 




Stephen. 




A. D. 1823. 






One 

One 




Chinsura. ••••.... 


One Church 


To he consecrated. 


Berhampore, 




One 




Dacca and Chitta- 


One Church 


One 


To be consecrated, now licen- 


gong. 






ced by Bishop Middleton. 


Patna 




One 

One 
One 


Consecrated by Bishop Heber, 
A. D. 1824. 


Cuttack 




Meerut. 


One Church St. 




John. 




Delhi -. 




One 
One 




Futtvghur 


One Church ..... 


To be consecrated, now licen- 








ced by Bishop Middleton. 


Agra. 




One 
One 


Consecrated by Bishop Heber, 
A. D. 1824. 




One Church, St. 
M ary. 






Ghazeepore 


A Church building 


One 






Cawnpore 




Two 




Dinapore. 


A Church building 


One 






Bhaugulpore and 
Mwnghyr. 




One 


, 








Allahabad .... 




One 
One 
One 




Burdvvan 







Saugor 




Barreilly 




One 




Chunar 




One 
One 
One 
One 
One 
One 
•••• «... 















Kurnaul 




Consecrated by Bishop Mid- 


Neemuch 




Nusseerabad 




Prince of Wales' 


One Church, St. 


Island. 


George. 




dleton, A. D. 1819. 



Of the See and Diocese of Calcutta. [chap. I, 



TABLE II. 

ARCHDEACONRY OF MADRAS, 



Names of Places, 

or Stations to or at 

vhich Clergy have been 

licenced to officiate. 



The Town of Ma- 
dras. 



Bangalore 



Saint Thomas's 

Mount. 
Arcot 



Cuddalore,.. . . 
Oannanore. 
Fritchinopoly. . 



Palamcotta 
Quilon. ... 
Tellichery. . 



Vizagapatam. 

Sellary, 

Secundrabad. 



3elgaum. . . . 
Masulipaiam. 



Number of Churches 
or Chapels of the 

Establishment at each 
Place or Station. 



Number of 
Ministers or 

Chaplains 

appointed to 

each. 



St.George'sChurch. 

St. Mary's Church 
The Chapel in Black 

Town. 
One Chapel 



One Church build- 
ing. 

One Church, St. 
Mary. 



One Church, St 
John. 



One Chapel. 



One Chapel, St 
John. 



!One ( 
John 
One ! 
Man 



Church, St. 



Chapel, St. 

y- 

Poonamalee One Church, St. 

Mary Magdalene. 



Two 

One 
One 

One 

One 

One 

One 
One 
One 

One 
One 
One 

One 
One 
One 

One 

i \ 



In what year and by whom 
consecrated. 



Consecrated by Bishop Mid- 

dieton, A. D. 1816. 
Consecrated, A. D. — 
Consecrated, A. D. ■ — 

Licenced by Bishop Middle- 
ton. 



Consecrated by Bishop Mid- 
dieton, A. D. 1816. 



Licenced by Bishop Middle- 
ton, A. D. 1821. 



Licenced by Bishop Middle 
ton. 



To be consecrated, now licen- 
ced by Bishop Middleton. 

Consecrated by Bishop Mid- 
dleton, A. D. 1819. 



Note. — These Tables do not comprize the churches in the Archdeaconry of New South 
Wales ; the very great distance of which from Calcutta, and from its comparatively recent an- 
nexation to the Diocese, no episcopal proceedings of the description alluded ro in the Tables, 
could have been given in the present work ; nor do the Tables contain any of the Churches at the 
other detached or remote dependencies, but are confined exclusively to the four archdeaconries of 
Calcutta, Madras, Bombay, and Colombo. 



sect. VI.] Of the See and Diocese of Calcutta. 

TABLE III. 

ARCHDEACONRY OF BOMBAY. 



11 



Names of Places, 


Number of Churches 


Number of 

Ministers or 

Chaplains 

appointed to 

each. 




or Stations to or at | 


or Chapels of the 


In what year and by whom 


which Clergv have been 


Establishment at each 


consecrated. 


licenced to officiate. 


Place or Station. 




The Town of Bom- 


One Church, St. 


Two 


Consecrated by Bishop Mid- 


bay. 


Thomas. 




dleton, A. D- 1816. 


Matoonga, includ- 


One Chapel, St. 


One 


Consecrated bv Bishop Heber, 


ing Tana , 


James. 




A. D. 1825. 


Colaba. . . . 




One 
One 


Consecrated by Bishop Heber, 


Surat, including 


One Church, dedi- 


Baroach. 


cated to the Lord 
Jesus Christ called 
Christ Church. 




A. D. 1825. 


Poona, including 


One Church, St. 


Two 


Consecrated by Bishop Heber, 


Ahmednuggur, 


Mary. 




A. D. 1825. 


and Sattara. 








Kaira, including 


One Church, St. 


One 


Consecrated by Bishop Heber, 


Ahmedabad 


George. 




A. D. 1825. 


Mhow 




One 

One 





Bhooi 




Baroda 


One Church, Holy 


One 


Consecrated by BishopHeber, 




Trinity. 




A. D. 1825. 


Kirkee. . . 




One 
One 
One 
One 
One 





Cutch 


1 


Southern Concan.. 
Harbor of Bombay 


| 


1 ••••••••• 








deish. 1 





TABLE IV. 

AKCHDEACONUY OF COLOMBO. 



Names of Places, 

or Stations to or at 

which Clergy have been 

licenced to officiate. 



Colombo. 



{ 



ThePetta 

Mount Livinia. . . 

Trincomale , 

Galle 

Randy 

Jaftna 

Baddagamma. ... 

Cotta 



Number of Churches 

or Chapels of the 

Establishment at each 

Place or Station. 



One Church, St 

Peter. 
One Church, St 

Paul. 
One Church. 
One Chapel.. 



One Church. 



One Church, Christ 
Church. 



Number of 

Ministers or 

Chaplains 

appointed to 

each. 



One 
One 
One 



One 
One 
One 



Two 



In what year and by whom 
consecrated 



Consecrated by Bishop Heber, 
A. D. 1825. 



12 



Of the Bishop of the See [chap. II, 
CHAP. II. 



Particulars as 
to the office of 
a Bishop. 



Is the Arch- 
bishop's suf- 
fragan. 



Must be 30 
years of age. 



Four requi- 
sites, election, 
confirmation, 
consecration, 
and installa- 
tion. 

Right of elec- 
tion in the 
Crown, 



OF THE BISHOP OF THE SEE AND DIOCESE OF CALCUTTA. 

SECTION I. 

Of the Episcopal Office in general. 



PREVIOUSLY to giving the extracts, from the 
Statute, and His Majesty's Letters Patent, applicable 
to the present chapter, the following particulars are 
briefly noticed. 

A Bishop (Episcopus) is laid down to be the chief 
of the clergy in his Diocese, and is that spiritual 
secular person who hath supreme power, under the 
King, in all ecclesiastical causes, and is universal 
incumbent of his Diocese. A Bishop was formerly so 
called, from that watchfulness, care, charge, and 
faithfulness, which, by his place and dignity, he hath 
and oweth to the Church. Godwin, 22. 23. 

The Bishop is the Archbishop's suffragan, or assistant, 
the Archbishop being the chief of the clergy in the 
province. Godwin, 22. 

Every man, which is to be ordained, and consecrated 
Bishop, shall be full thirty years of age. The reason 
for which, by the canon law, is, that our Saviour was 
baptised to preach at that age. Dist. 78, cap. 3. 

There are four things to complete a Bishop, 1st, 
election or appointment; 2nd, confirmation (if elected) ; 
3rd, consecration ; 4th, installation. 3 Salkeld, 72. 

The right of electing, or appointing to Bishoprics, is 
laid down to be in the Crown of England, as the 
Supreme Head of the Church. Palm. 28. On which 
subject, Lord Coke establisheth the right of donation 
in the Kings of this realm, upon the principle of 
foundation and property, for that all the Bishoprics in 
England were of the right of patronage. 1 Inst. 134, 
344. . 

The election, or nomination, by the King's conge 



sect. I.] and Diocese of Calcutta. 13 

d'eslire, or licence, is signified by His Majesty's Letters And confirma . 
Patent, directed to the Archbishop of the province, or **>». 
to four Bishops, requiring them to confirm, invest, and 
consecrate the person so elected, which they were 
bound to perform immediately. 

And with regard further to that appointment, as 
vested in the Crown, it is observed, that election was, in 
very early times, the usual mode of elevation to the 
episcopal chair, throughout all Christendom ; and this 
was promiscuously performed, originally, by the laity as 
well as the clergy, till at length, it becoming tumultuous, 
the Emperor, and other Sovereigns of the respective 
kingdoms of Europe, took the appointment in some 
degree into their own hands, by reserving to themselves 
the right of confirming those elections, without which 
the elected Bishop could not be consecrated. This 
right was acknowledged in the Emperor Charlemagne, 
A. D. 773, by Pope Hadrian I., and the Council of 
Lateran. Decret. 1. Dist. 63, 22. and universally 
exercised by other Christian Princes. Blackstones Com. 
vol. 1, page 377. 

With reference to the proceedings in England, re- 
garding the election, confirmation, and consecration of 
Bishops, the reader may consult Burn. Ecc. Law, voL 
1, page 198, 199; and also 267// Geo. 3, cap. 84, and 
59th Geo. 3, cap. 60, § 6, as relating to the consecration 
of Bishops, subjects or citizens of countries out of His 
Majesty's dominions. 

After election and confirmation, and not before, the 
Bishop is fully invested to exercise all spiritual juris- 
diction. Gibs. 114. 

But he may not sue for his temporalities till after 
consecration. Wats. cap. 40, page 423. 

In addition to the above particulars, the following 
extracts respecting the appointment and powers of the 
Bishop of Calcutta will now be added. 



14 



Of the Bishop of the See [chap. II. 



Extracts 
53 Geo. 3c 
cap. 155, 

dppendis* 



Not to have ju- 
risdiction, &c. 
except such as 
limited by His 
Majesty. 



His Majesty 
may j?rant by 
letters patent, 
such jurisdic- 
tion, &c. as he 
may think 
necessary. 



SECTION II. 
Extracts from 53d Geo. 3, cap. 155. And particulars 
of the several Letters Patent relating to the Bishop of 
Calcutta. 



To be counter 
signed by the 
President of 



BY the 53d Geo. 3, cap. 155, it is enacted, " in 
" case it shall please His Majesty, by His Royal Letters 
" Patent, under the great seal of the said United King- 
" dom, to erect, found, and constitute, one Bishopric 
" for the whole of the British Territories in the East 
" Indies and parts aforesaid; one Archdeaconry for the 
" Presidency of Fort William in Bengal ; one Archdea- 
" conry for the Presidency of Fort Saint George, on the 
" coast of Coromandel; and one Archdeaconry for the 
" Presidency and Island of Bombay, on the coast of 
(i Malabar; and from time to time to nominate and ap- 
" point a Bishop, and Archdeacons respectively/' then, 
that the Court of Directors should pay certain esta- 
blished salaries to such Bishop and Archdeacons. 

And again, by the same 53d Geo. 3, cap. 155, sec. 
51, 52, 53, it is enacted, "that such Bishop of Calcutta 
" shall not have, or use any jurisdiction, or exercise any 
" episcopal functions whatever, either in the East Indies, 
" or elsewhere, but only such jurisdiction and functions 
" as should from time to time be limited to him by His 
" Majesty's Letters Patent. 

" And that it shall and may be lawful for His Majesty, 
" from time to time, if he shall think fit, by his Letters 
" Patent, to grant to such Bishop, so to be nominated 
" and appointed by His Majesty, such ecclesiastical ju- 
" risdiction, and the exercise of such episcopal functions, 
" within the East Indies and parts aforesaid, as His 
" Majesty shall think necessary, for the administering 
" holy ceremonies, and for the superintendance, and 
*• good government, of the ministers of the Church Esta- 
" blishment, within the East Indies and parts aforesaid. 

" And also, that when and as often, as it shall please 
" His Majesty to issue any Letters Patent respecting 



sect. II.] and Diocese of Calcutta. 15 

" any such Bishopric or Archdeaconry as aforesaid, or ' the -Board of 
" for the nomination or appointment of any person 
" thereto, the warrant for the bill in every case shall be 
" countersigned by the President of the Board of Com- 
" missioners for the affairs of India." 

In virtue of the above act, His late Majesty, by the Letters Tatent, 

J * J 2d of May 

Letters Patent of the 2d May 1814, (the same as isu. 

r 1 i~ -Appendix. 

already mentioned in the last chapter,) alter thereby Appointment. 
erecting, founding, and constituting, the See and Dio- 
cese of Calcutta, " was pleased to nominate and ap- 
" point, Thomas Fanshaw Middletox, D. D. to be 
" the Bishop of that See, and did then ordain that the To be subject 

r to tbe Arch- 

" Bishop should be subject to the see of the province bishop of can- 

, 4 , , . , ,, ^, , ,i terbury, save 

"and Archbishop of Canterbury, in the same manner in appeals. 
*' as any other Bishop within that province, save in the 
" matter of appeals," which were afterwards therein 
provided for. 

" And after thereby creating the archdeaconries ofF°^ erofco1 ; 

J ° lating to arch- 

" Calcutta, Madras, and Bombay, His late Majesty did deaconriesof 

' . J J J Calcutta, Ma- 

" also grant to the Bishop the right of collating thereto, dras and Bom- 
" in all times to come, any priest, being one of the 
'* Chaplains of the Company, resident in India. 

*' And by the same Letters Patent, the Bishop has To ordain and 
" express authority to ordain, and to confirm" 

" And by himself, or by his commissary or commis- By him or his 
" saries, to exercise jurisdiction, spiritual and ecclesi- to™rase y 
" astical, in and throughout the See and Diocese, IpSkuaUnd 
u according to the ecclesiastical laws of England, in SwSw? 11 
" the several causes and matters specified, and no 
*"; other. 

" And by himself, or by his commissary or commis- To grant u- 
" saries, by him thereunto specially authorized, to date! 
** grant licences to officiate, to all ministers and chap- 
" lains within the Diocese." 

"To visit, in the Diocese, with all jurisdiction, To visit and 

call before him 

" power, and coercion ecclesiastical requisite; and to his clergy. 
" call before him, or his commissary or commissaries, 
" at such competent days, hours, and places, when and 



¥6 Of the Bishop of the See [chap. II. 

" as often, as to him or them should seem meet and 
" convenient, all ministers, chaplains, priests, and dea- 
" cons, or any of them, and to enquire by witnesses, to 
" be sworn in due form of law, and by all other lawful 
" ways and means, by which the same might be best 
" and most effectually done, as well concerning their 
" morals, as their behaviour, in their offices and sta- 
" tions." 

Joadminister Power is also granted the Bishop by himself, or 
by his " commissary or commissaries, to administer 
" all such oaths, as are accustomed and may, by law, 
" be administered according to the ecclesiastical law of 
" England." 
To punish and The Bishop, or his commissary, is also expressly 

correct, by l J . 

deprivation, authorized, " to correct chaplains, ministers, or priests, 

suspension, or l . . . 

other censure. " and deacons, according to their dements, whether by 
" deprivation, suspension, or other censure, according 
" to the ecclesiastical law." 

To appoint a ^nd << to appoint a registrar in each of the archdea- 

registrar or i r © 

assume an « conries of Calcutta, Madras, Bombay, and Colombo, 

actuary. J 

" or to assume an actuary." 
CourtofDirec- " And the Court of Directors, and all Governors, 
judges°, v & r c^o S ' " Judges, and Justices, &c. and Subjects, are com- 

'* manded to aid and assist the Bishop, in the exe- 

" cution of his office." 
Bishop to be a " His late Majesty further ordains, the Bishop to be 
wiJ perpetual' " a body corporate, with perpetual succession; and to 

'* be called and known, by the name of Bishop of 
To purchase " Calcutta, with full power to purchase and hold 

and hold lands ,,ij r j- *.- •* r rr 

& c , " lands in fee, and in perpetuity, or for life, or years, 

" as by grant or licence from the Company he may 
" be authorized, and to have and hold any manner of 
" personal property whatsoever, and by and under his 
" name, to prosecute and defend in all courts, or else- 
" where, in all causes, &c. as well temporal as spiritual." 

To have a cor- " The Bishop is for ever, empowered also, to have 

porate seal. r 

" and use a corporate seal; and the seal from time to 
" time, at his will and pleasure, to alter or make new." 



«ect* II.] tend Diocese of Calcutta. \1 

" His Majesty also declares, that for removing all The office to be 

. resigned to 

■" doubts, with repect to the validity of resignation, commissioners 

(3 til ( 3 L r Hi P 

" that if the Bishop by instrument under his hand and 
*' seal, delivered to his Majesty's commissioners dele- 
*' gate, (consisting of the Judges of the Supreme Court 
" of Judicature at Calcutta, for the time being, and the 
*' Members of Council at Calcutta, for the time being,) 
•' and be by them accepted and registered, should 
" resign the office of Bishop, he should forthwith cease 
*' to be Bishop of Calcutta, but not without prejudice 
" to any responsibility, to which he might be liable in 
4t law or equity, in respect of his conduct in his office.''* 

And the Letters Patent, of the 27th day of Septem- As to the juris- 
ber, A. D. 1817, as to the Archdeaconry of Colombo, powers of the 
after declaring that the same should be subject, during the archdea- 
the royal pleasure to the jurisdiction, spiritual and fombo. * C °" 
ecclesiastical, of the Bishop, " grant to the Bishop, all Letters Patent, 

...... ...... 27th September 

" and singular the rights, powers, authorities, functions, a d. 1817. 
" and jurisdiction, in and over the Archdeaconry and ppen 
"Archdeacon of Colombo, which he exercises within The same to 

. . be as over 

'the three Archdeaconries of Calcutta, Madras, and the other arch- 
« Bombay, except the right or power of collating except the right 
" thereto, subjectalso to the several limitations, reserva- ° co dUng * 
" tions, and provisoes contained in His Majesty's Letters 
" Patent of the 2d of May 1814 : and also ordain, that 
u the last mentioned Letters Patent, should be deemed 
-" and taken to be applicable also to the jurisdiction 
" and functions of the Bishop, in regard to the Arch- 
" deaconry of Colombo." 

And the Letters Patent, of the 27th of May A. D. 1823, p tract5 L of 

J ' Letters Patent 

after ordaining thdX the whole o£ His Majesty's territories of the 27th May 

. ° . J J A. D. 1823. 

within the limits of the charter, should also form and Appendix. 
constitute the See and Diocese of Calcutta, grant to f h 7XhTof 
the Bishop " the right of appointing, anv person or His Majesty's 

vo . . r .. . territories and 

" persons, to be his commissary or commissaries with- may appoint 

,, • r 1 . -x • i c • i i-i commissaries. 

" in any of the territories and parts aforesaid ; which 

* And see further as to these Letters Patent, Chapter X. of this work. 

of 



N Of the Bishop of the See [chap. II. 

" commissary or commissaries, should or might act in 
"all matters relating to the episcopal jurisdiction and 
" functions of the Bishop according to the duty of a 
" commissary by the ecclesiastical law." And also 
grant to the Bishop and his successors, during His Ma- 
jesty's pleasure, "all and singular the rights, powers, 
" authorities, functions, and jurisdiction in and over 
"all and every His Majesty's territories within such 
" limits, which he and they might lawfully exercise in 
" and over the territories, under the Government of 
" the Company, by virtue of the Letters Patent of the 
" 2d of May 1814, or over the territories of Ceylon, 
" by the several Letters Patent of the 27th of Sep- 
" tember 1817, subject always to the same limitations 
" as therein contained. " 



SECTION III. 



Further practical Observations applicable to the Indian 
Episcopal Appointment and Office, and the Letters 
Patent; Proceedings on the Arrival; and on the 
Installation of the Bishop of Calcutta, in India, And 
other particulars. 



Consecration. W tne ^ ast Section, the appointment, with the 
several legal powers vested in the Bishop of the 
Diocese of Calcutta, were detailed. It may now 
be observed, in reference to that Bishopric, that 
when His Majesty appoints thereto, Letters Patent 
under the great seal, are issued, which direct the 
Archbishop of Canterbury to do all things necessary 
in consecrating the person thereby appointed. 

Every Bishop is consecrated either by the Arch- 
bishop and two other Bishops, or by four Bishops. 
25th Henry 8, cap. 20. And for the form and manner 
of consecration of Bishops, the reader is referred to the 
Rubric in the Common Prayer Book. 



sect. III.] and Diocese of Calcutta. 19 

And every Bishop, being consecrated, shall and may 

be installed. 25th Hen. 8, cap. 20, § 5. 

Before proceeding- to the form of the installation Bishop of c«i- 

. !~ . - ■ ; . . . y r i c,lUa ' s installa- 

of the Bishop of Calcutta m India, it may be found turn, &c. in 
useful to be mentioned, that official information to the 
Government is immediately given by the Archdeacon 
of Calcutta, as soon as the newly appointed Bishop 
arrives at the Presidency. A copy of His Majesty's 
Letters Patent, under which the Bishop has been 
appointed, and of the act of consecration, are also 
at the same time transmitted to Government; upon 
which, orders are issued directed to the Archdeacon, 
or the clergy officiating at the Cathedral, to install 
the Bishop. And the Government then publicly 
announce for general information the appointment of 
the new Bishop to the Indian Diocese. The installation 
takes place as soon after his Lordship's arrival in 
Calcutta as possible, and the order of proceeding is a& 
follows :* 



Preparation will be made to receive the Bishop at the Order of Pro- 
Cathedral and for the performance of Divine Service, in cutSpVtb? 1 " 
which the whole of the officiating Clergy take part. Ih? BiSop. ° f 

The Bishop will enter at the west door of the Church 

and proceed to the ■ room, when the necessary 

mandate, or other authority for installing the Bishop is 
produced by the Secretary or Registrar, and where the 
Bishop remains ; Divine Service commences; and at the 
conclusion of the Lessons, the Archdeacon, or Commissary \ 
and the other Clergymen officiating, proceed to the same 
room, and then conduct the Bishop into the Church : on his 
entrance into the Church, the Organ plays, as the Clergy 



* In strictness perhaps, no formal installation in India, in the case of the Bishops 
of Calcutta, is requisite : and the same remark may apply to induction in general,, 
in the instances of the Archdeacons. Bishop Middleton, however, thought all the 
forms in these particulars should be observed as in England, or as near as could be, 
and the practice of installing the Bishop, as here given, and of inducting thje 
Archdeacons, has ever since continued. 



20 Of the Bishop of the See [chap. IL 

proceed up the body, and when at the stall, or seat of the 
Bishop, the Archdeacon or the Commissary appointed 
addresses the Bishop as follows : 

H My Lord Bishop of Calcutta, 

C the mandate of — — "J 

" In obedience to < or \ 

(_ the orders of } 

" I, the Reverend do in the presence of 

" the persons here assembled, install your Lordship 
" into the true, lawful, and Episcopal See of the Bi- 
" shopric of Calcutta." 

The Bishop then takes his seat. And the Clergy retire 
to their places. The service proceeds ; and concludes with 
the blessing. 

Finally, a public notary, by the Archdeacon's com- 
mand, records the whole matter of fact in this affair, 
in an instrument to remain as authentic. God. 27. 

And accordingly the Registrar, who is a Notary, attends 
the Bishop s installation, and afterwards records and attests 
the proceedings thereof by an act inserted in his register. 

The form of installation being given, the following 
particulars may now be introduced, as further appli- 
cable to the episcopal appointment in India. 
A Bishop hath A Bishop hath his Consistory Court to hear eccle- 
court°r St0ry siastical causes, and is to visit the Clergy, and to con- 
secrate churches: he ordains, admits, and institutes 
priests ; he also confirms ; and likewise suspends, and 
excommunicates, &c. Co. Rit. 96, Rob. Abt. 230. 
sfcaii ab -,de in Otho. Bishops shall officiate on the chief festivals, 
alfd^haii^sit anc * on tne Lord's days, and in Lent, and in Advent : 
and consecrate. anc [ s hall visit their Diocese, at fit seasons, correcting 
and reforming the churches, and consecrating and 
sowing the word of life in the Lord's soil. Athon. 55. 
To be resident Othobon. Bishops shall be personally resident to 

especially on - ^ , 

•oiemn days, take care of the flock committed to their charge, and 
for the comfort of the Churches espoused to them, 
especially on solemn days, in Lent and Advent : unless 
their absence is required by their superiors, or for other 



sect. Ill:] and Diocese of Calcutta. 21 

just cause (that is, by their superiors either ecclesi- 
astical or secular). Athon. 118. 

In India, the Bishop of Calcutta by a regulation of in India days of 
Bishop Middleton, preaches at the Cathedral, on the 
days following: the Circumcision; Septuagesima Sun- 
day ; Mid Lent Sunday ; Easter Day; Whit Sunday ; 
First Sunday in Advent; and Christmas Day. 

Bishops have the title of " Lord" and Right Re- Title, 
verend Father in God:" Cham. 65. And style them- 
selves, " by divine permission Bishop," &c. God. 13. 

In India, the Bishop of Calcutta takes precedence precedence. 
next after the respective Chief Justices. 

By the 4th Geo. 4, cap. 71, § 5, it is enacted, Houee or re- 
amongst other things, " that it shall and may be proved. 
" lawful for the said Company, and they are hereby 
" required, to provide a suitable house at Calcutta for 
" the residence of the said Bishop ; provided always, 
" that no greater sum on account of providing such 
" house be at any time issued than shall from time to 
" time be denned and settled by the Court of Directors 
" of the said Company, with the approbation of the 
" Commissioners for the affairs of India, any law or 
" statute to the contrary notwithstanding." 

With regard to church preferment, in the gift of as to prefer- 
the Bishop of the Indian Diocese, it may be observed, ^$£l$* 
that complete as the present ecclesiastical powers are of Calcutta - 
belonging to the Bishop of Calcutta, with reference to 
the spiritual and ecclesiastical controul of the clergy 
of his Diocese, the circumstance of the several mi- 
nisters and chaplains being all of them stipendiary, 
and mostly nominated and appointed by the Court of 
Directors, and the other Governments, and removed 
from one district or station to another at the pleasure 
of the local authorities — the right of selection, and of 
preferring to the several Churches, as yet vested in 
the Bishop, is confined solely to what is granted him 
in that respect by the Crown, as already noticed in 
the Letters Patent of the 2d of May 1814, It can 

t 



22 Of the Bishop of the See [chap. II. 

scarcely be denied, however, that considerable public 
benefit might arise from a different arrangement, and 
that, with regard to the clergy themselves, the ap- 
probation of their own immediate Diocesan would, in 
general, be more gratifying. 
Besides coiiat- Besides simply the power of collating to the arch- 
deaconries^? " deaconries of Calcutta, Madras, and Bombay, the 
S^and'BbJ!- Bishop appoints his Domestic Chaplain, whom he no* 
own cha°piaL l ! iS rotates from the list of the Company's Chaplains, and 

who is allowed a salary by the Court of Directors. 
Appoimsthe He also appoints, under the episcopal seal, the 
Registrars in all the four archdeaconries of Calcutta, 
Madras, Bombay, and Colombo, who have at present 
salaries granted them by the respective local Govern- 
ments. 
Registrar of The Registrar of the archdeaconry of Calcutta 

Calcutta prac- P. ? J 

tisea as his Se- practises as the Bishop s Secretary, in which profes- 
sional capacity he acts as general Registrar for the 
whole Diocese. 



SECTION IV. 
On the Vacancy of the See of Calcutta. 



HIS late Majesty's Letters Patent, of the 2d of May 
1814, provide, that " in case of a vacancy of the See 
" by demise or otherwise, the episcopal jurisdiction 
" and functions appertaining to the said See shall be 
" exercised, as far as by law they may, by the Arch- 
<' deacon of Calcutta, for the time being, or in case 
" of a vacancy of the said Archdeaconry, then by the 
" Archdeacon of Madras, or the Archdeacon of 
" Bombay, or by two Clergymen of the Church of 
" England resident within the Diocese, as may be 
11 directed by the Governor General in Council of 
" Fort William." 

And by the law books, it is laid down that Bishoprics 
may become void by death, or deprivation ; and also 



sect. IV.] and Diocese of Calcutta. 23 

by resignation. All resignations must be made to 
some superior, therefore a Bishop must resign to his 
Metropolitan. Bla. Com. vol. 1, page 382. The 
Letters Patent direct that the Bishop of Calcutta 
shall resign to His Majesty's Commissioners Delegate. 

In England, when a Bishop dies, oris translated, or 
the Bishopric becomes in any manner vacated, the law 
takes care to provide a guardian, as to the spiritual 
jurisdiction, during such vacancy ; to whom presen- 
tations may be made ; and by whom institutions, ad- 
missions, and the like, may be given ; and which 
officer is called, the guardian of the spiritualities. God. 
Introd. 9, God. 39, and Com. Dig. Tit. Prerogative, 
D. 26, 27. 

During such vacancy, in England, the guardian of 
the spiritualities, hath all manner of jurisdiction of the 
courts ; of granting admissions, and institutions; but 
he cannot, as such, consecrate, or ordain, or present 
to vacant benefices, or confirm a lease. God. 21, 39. 
Word. 6, 1, cap. 3. 

And he shall have the perquisites, that happen, by 
the execution of such power, until the new elected 
Bishop may, by law, execute the same. Wats. cap. 40. 

His power ceaseth, after confirmation of the new 
elected Bishop. Gibs. 144. 

In India, on the demise of Bishop Middleton, in the « , 

On the death of 

month of July 1822, the episcopal functions of the See Bisho P Middle- 
of Calcutta, under the Letters Patent, were assumed 
and exercised by Archdeacon Loring, as the Archdea- 
con of Calcutta; and on the death of Bishop Heber, 
in 1826, Archdeacon Corrie, the present Archdeacon bw^J H«Sr? f 
of Calcutta, assumed the duties of the Bishopric, until 
the arrival of Bishop James in the present year 1828, 



24 



Of the Archdeacons and Commissaries [chap. IIL 



CHAPTER III 



OF THE ARCHDEACONS AND COMMISSARIES IN THE 
DIOCESE OF CALCUTTA. 

SECTION I. 

Extracts from the several Letters Patent applicable to the 
respective Archdeacons. 



Extract of 
Letters Patent 
of the 2d May 
1814. 



THOSE parts of the 53d Geo. 3, cap. 155, which 
relate to the three Archdeacons of Calcutta, Madras* 
and Bombay, have been already given in Section II, 
of the preceding Chapter.* It is now therefore only 
necessary, in reference to the subject under the pre- 
sent head, to add the following extracts from the 
several Letters Patent, concerning the appointments 
and powers of the respective Archdeacons belonging 
to the Indian Diocese. 

By His late Majesty's Letters Patent, of the 2d of 
May, A. D. 1814, already referred to, it is set forth, 
" that the respective archdeaconries therein mentioned 

late 



Appendix. 

Archdeacon* of << were, for the further accomplishment of His 



Calcutta, Mad 

ras, and Bom- " Majesty s intention as therein expressed 

Majesty then proceeds, thereby, " to nominate 



His late 
and 
" appoint Henry Lloyd Loring, A. M.,t Archdeacon 

* And see also further as to the same in Appendix. 

f Archdeacon Loring survived Bishop Middleton scarcely two months. He 
fell a victim at Calcutta to that fatal disorder, the cholera morbus, with which, 
he was seized and died in less than nine hours ! Of the Bishop, and the three 
Archdeacons, who were originally appointed, and formed at first, the Indian 
episcopal establishment, Archdeacon Barnes (now in England) became, on the 
death of Dr. Loring, in the space of little more than seven years, the only survivor. 
Archdeacon Loring accompanied Bishop Middleton, (whom the author also attended), 
to India in 1814. And whilst naming the former, with those distinguished characters 
already mentioned in the preface, the authcr hopes he may be excused for adding, 
that on the death of Dr. Loring the fullest testimony was borne to his public worth 
as a clergyman. In private life, his amiable habits and gentlemanly deportment, 
together with the uniform cheerfulness of his disposition, though under constant 
ailments from the effects of climate, won him the hearts, and made him the favourite 
of all who had the happiness to know him. His memory is yet strongly cherished 
by his friends, and by none more than by the author, who still deeply laments his 
loss. 



sect. I.] in the Diocese of Calcutta, 25 

"of the Archdeaconry of Calcutta; John Mously, 
*.' A. M., Archdeacon of the Archdeaconry of Madras; 
" and George Barnes, A. M., Archdeacon of the 
*' Archdeaconry of Bombay." 

And by the Letters Patent, of the 27th of September Colombo. 

t\ • m m Extracts of 

A. D. 1817, appoints, " Thomas James Iwisleton, Letters Patent 
"A. M., Archdeacon of the Archdeaconry of Co- sept.V. d. 

JOmbO. Appendix. 

And by the Letters Patent, of the 2d of October Archdeacon 
A. D. 1824, after erecting, founding, and constituting, waiesT 
the Archdeaconry of New South Wales, His present Letters Patent 

TV/T • • . • m TT 2d Oct. 1824. 

Majesty, " nominates and appoints, Thomas Hobbes Appendix. 
44 Scott Clerk, A. M. Archdeacon of the Archdea- 
" conry of New South Wales." 

The several Letters Patent also set forth, in regard P uties and , 

° functions of 

to the duties and functions of the Archdeacon, " that the respective 

Archdeacons 

" each of the Archdeacons, should, within his Arch- by the Letters 

" deaconry, be assisting to the Bishop of Calcutta, in 

" the exercise of such episcopal jurisdiction and func- 

4i tions, as had been limited to the Bishop, according 

" to the duty of an Archdeacon by the ecclesiastical 

61 laws of England." 

The right of collating, to the archdeaconries of ^ rht °J , colla - 

° tion of the 

Calcutta, Madras, and Bombay, is granted, by the archdeaconries 

" of Calcutta, 

Letters Patent of the 14th of May 1814, to the Bishop Madras, and 

r r~. -, ,.,. , . , . Bombay, in the 

of Calcutta, who is directed to appoint any priest Bishop. 
thereto, " being one of the Chaplains of the Company, 
" resident in India." 

The appointment to the archdeaconries of Colombo, Colombo, and 

1 l New South 

and New South Wales, remains in the Crown. See Wales-, in the 
Letters Patent, of the 27 th September 1817, and 2d of the crown. 
October 1824, Appendix. 

The Archdeacon of Calcutta, by the Letters Patent in case of a 
of the 2d of May 1814, in case of a vacancy of the See, |^ ncy ofthe 
by demise, is " authorized, as far as by law he may, 
" to exercise the episcopal jurisdiction and functions ; 
" or in case of a vacancy of that archdeaconry, then 
" the Archdeacon of Madras, or the Archdeacon of 



26 Of the Archdeacons and Commissaries [chap. III. 

" Bombay, to exercise the same, as may be directed by 
" the Governor General in Council of Fort William." 

in case of a And which declare also, that " during a vacancy of 

vacancy of the ° J 

archdeaconries " either of the archdeaconries of Calcutta, Madras, and 

Mad^s, apd " Bombay, the duties thereof shall be performed by 

toTecife a d m o e n " one of the Chaplains of the Presidency; or if there 

cLp?ainl tbe " be no Chaplain there, then, by some discreet Minis- 

" ter in priests' orders of the Church, who shall be 

" nominated, as the case may be, for that purpose, by 

" the respective Governors in Council of the Presi- 

" dency, in which such vacancy shall happen." 

Letters Patent " In case of a vacancy of either of the archdeaconries 

Seft.i8i7. " of Colombo, and New South Wales, the duties are 

" to be performed, by some discreet Minister in priests 5 

" orders, who shall be nominated, as the case may be, 

" by the respective Governors of Ceylon, or Colony of 

" New South Wales. 

Letters Patent <i The Archdeacon of New South Wales is empowered 

of the 2d Oct. . r 

1824. ** to appoint a Registrar or Actuary for that archdea- 

" conry. 
CourtofDirec- " The Court of Directors, their Governors, &c. and 
to rs toaid,&c. <<all Hig Majesty's Governors, Judges, &c. and other 
" subjects, within the parts aforesaid, are enjoined to 
" aid and assist the Bishop and Archdeacons, in the 
" execution of their respective offices. 
Proceedings " Any proceeding instituted against the Archdeacons 

deacons to be " of Calcutta, Madras, Bombay, and Colombo, to 
forTcommis- " originate and be carried on before the commissioners 
sumersdeie (s ^legate, an( j tne sentence to be transmitted by the 
" Bishop, or his Commissary, to the Governor General 
*' in Council at Fort William, or the Governor in Coun- 
*' cil of Fort Saint George, or Bombay, or His Majesty's 
" Governor at Ceylon, as the case may be." See 
Letters Patent of the 2d of May 1814, and 21th of 
September 1817, Appendix. 
To be bodies " All the Archdeacons are declared to be respectively 
perpet^a? sue- - bodies corporate, with perpetual succession; to be 
llme S n o b f ArcL " called and known by the names of Archdeacons 



sect. II.] in the Diocese of Calcutta. 27 

" of Calcutta, Madras, Bombay, Colombo, and New deacon of cai- 

_ , _ xr . . * -i i , i c cutta, Madras. 

•? South Wales, respectively ; and by the names atore- Bombay, co- 
" said, capable to purchase and hold lands, in fee, south Vales" 
" or in perpetuity, or for life or years ; also to hold & ". p i e ad &£ * 
<f personal property, and by their names aforesaid, to 
" prosecute and defend." 



SECTION II. 



Of the Institution, Induction, and other Proceedings con- 
cerning the respective Archdeacons in the Indian 
Diocese. 



THE foregoing Section contains those extracts prin- 
cipally, which respect the several Archdeacons ; and 
as those Archdeacons are by the several Letters Patent 
declared and commanded to assist the Bishop, in the 
several powers limited, according to the duty of Arch- 
deacons by the ecclesiastical law of England ; that 
office will be detailed in the following Section. 

Under the present head, the particulars to be at- 
tended to, before collation, will be set forth : observing, 
as already mentioned, that by the above Letters Patent 
of the 2d of May A. D. 1814, express power is given 
to the Bishop of Calcutta in all times to come, to 
collate and institute to the archdeaconries of Calcutta, 
Madras, and Bombay, " any Priest being one of the 
" Chaplains of the Company resident in India." This 
is agreeable to the common ecclesiastical law which is 
thus laid down, " archdeaconries are commonly given 
" by the Bishops, who do therefore prefer the same 
" by collation, and make letters testimonial thereof." 
Wats. c. 15. 

The Archdeacons of Colombo, and New South 
Wales, receive their appointments, in the first instance, 
under His Majesty's Letters Patent, which, in the 
former case, direct the Bishop of Calcutta to institute 
thereupon, and to do all things necessary in that behalf 



Examination. 



28 Of the Archdeacons and Commissaries [chat. III.- 

with effect : whenever therefore the Archdeacon of 
Colombo has been appointed, an official copy of His 
Majesty's Letters Patent has been received from the 
Government of Ceylon, and the Bishop has then pro- 
ceeded to institute, by commission, that Archdeacon. 

An archdeaconry being a promotion in the Church 
having jurisdiction annexed, is a Dignity. Com. Dig. 
Tit. Ecclesiastical Persons (C. 16.) citing Bought on 
v. Gonsley, Cro. El. 663. Semb. Cont. 

An Archdeaconry is also a Benefice with cure. 
Wats. c. 15. 

And by Can. 39, no Bishop shall institute any to 
a benefice who hath been ordained by any other 
Bishop, except he first shew unto him his letters of 
orders ; and bring him a sufficient testimony of his 
former good life and behaviour, if the Bishop shall 
require it ; and lastly, shall appear upon due examination 
to be worthy of his ministry. 

Where there is a mixture of divers languages in any 
place, the rule of the canon law is, that the person 
presented do understand the several languages. 
Gibs. 807. 

By Can. 40, every Archbishop, Bishop, or other 
person having authority to admit, institute, or collate 
to any spiritual or ecclesiastical function, dignity, or 
benefice, shall, before such admission, institution, or 
collation, minister to every person to be admitted, 
instituted, or collated, the oath against simony. 

By the 1 El. cap. 1, &c. 1 W. cap. 8, §. 5. every per- 
son who shall be promoted or collated to any spiritual 
or ecclesiastical benefice, promotion, dignity, office or 
ministry, before he shall take upon him to receive, use, 
exercise, supply, or occupy the same, shall take the 
oaths of allegiance and supremacy, before such per- 
son as shall have authority to admit him. 
nicSobedTeace. Also the person to be instituted shall take the oath 
of canonical obedience in like manner. Clarke Tit. 91. 
hafcd h wbf { Archd eacons, by stat. 13 & 14 Car. 2, cap. 4, are to 



Oath against 
simony. 



Oaths of alle 
giance and 
supremacy. 



sect. II.] in the Diocese of Calcutta. 29 

read the Common Prayer, and declare their assent scribe his as- 

J . . sent to the 

thereunto, as other persons admitted to ecclesiastical common 
benefices, and also must subscribe the same before the 
Ordinary; but they are not obliged* to subscribe the 
thirty-nine articles. It has been customary, however, 
for the latter to be done by the Archdeacon in India 
under the 36 Can. 

And after such subscription made, every such person, 
vicar, curate, and lecturer, shall procure a certificate 
under the hand and seal of the respective Archbishop, 
Bishop, or Ordinary of the Diocese (or such their 
Vicar- General, Chancellor, or Commissary as afore- 
said) who shall on demand make and deliver the same 
to be read by him publicly in the Church af ter wards. f 

If the Bishop admit a Clerk as sufficient, he either concerning the 

♦ .-. ,.. , . , • , . . .*. j person institut- 

mstitutes him in person, or else gives him his Jiat, and i ug . 
sends him to his Vicar-General, Chancellor, or Com- 
missary, to do it for him. Johns. 72. 

And not only by commission in particular cases, 
but also the general power of granting institution may 
be delegated by patent to Chancellors or Commis- 
saries; but this hath not always been judged con- 
venient. Gibs. 804. 

The form and manner of the institution is, that the Form an( * 

manner of 

clerk kneeleth down before the Ordinary, whilst he institution. 
readeth the words of institution out of a written 
instrument, drawn before hand for this purpose, with 
the seal episcopal appendant, which the Clerk during 
the ceremony is to hold in his hand. 1 Inst. 344. 
Johns. 74. 

Institution being* given to a Clerk, a distinct and ? Qt , r > T tbe f eof 

00 . in the register. 

particular entry thereof is to be made in the public 
.register of the ordinary ;. that is, not only that such a 
clerk received institution on such a day and in such a 
year, but if the clerk was presented, then, at whose 
presentation, and whether in his own right or in the 
right of another, and if collated or presented by the 

•* Under the stat. 13 Eliz. cap. 12. t 13 & 14 Car. 2, cap. 4, ■§" 11. 



30 Of the Arckdeadms^nd Commissaries [chap. Ill- 

Crown, then whether in their own right or by lapse. 
This hath been the practice, as far back as any 
ecclesiastical records remain : and it is of great im- 
portance that such entries be duly made and carefully 
preserved, both to the clerk whose letters of institution 
may be destroyed or lost, and to the patron whose title 
may suffer in time to come by the want of proper 
evidence upon whose presentation it was that institu- 
tion was given. And it might tend, perhaps, to the 
better observation hereof, if every clerk, after having 
passed the examination of the Ordinary, and thereupon 
obtained his jiat, were sent to the proper office of the 
register for his letters of institution. Gibs. 813. 

The form hitherto observed by the Bishops of Cal- 
cutta on the institution of an Archdeacon, when they 
have collated thereto, has been as follows ; 



Form ofinsti- Th~ e Bishop takes the letters of institution in his hand, 
Indian Diocese. $ e Archdeacon also having hold of the same, and the 
latter kneeling, the Bishop repeats, 

" By these letters we do admit and institute you, the 

" Reverend . in and to the Archdea- 

" conry and archidiaconal dignity of ■ ■ — _~ 

" and do invest you with all the rights, members, pri- 
" vileges, and appurtenances thereunto belonging. 

Effect ofinsti- The clerk, by institution on collation, hath the cure 

tution or colla- _ . . . 

tion. of souls committed to him, and is answerable for any 

neglect in this point. Johns. 74. 

Mandate to Last of all, the Ordinary executeth and delivereth 

to the party instituted a written mandate to the 
Archdeacon, Minister, or other proper person, to in- 
duct him. Johns. 74. 

The Bishops of Calcutta direct their mandate of 
induction to all ministers and chaplains generally. 

The form of proceeding of an Archdeacon's induction 
in the Indian Diocese, after institution, is here added.* 

* See the Author's Note, page 19, in reference to induction in this Diocese. 



induct. 



sect. II.] in the Diocese of Calcutta. 31 

Tim proceeding takes place at the Church in which the Formofinduc- 
Archdeacon has his seat. At the time appointed by the Indian Diocese. 
Archdeacon, divine service is to be performed. 

The Archdeacon attends at the Church and remains 

in the room. At the conclusion of the 

lessons the Archdeacon is conducted by the officiating 
minister to the chair or seat assigned, when the latter 
repeats, 

" Venerable Sir, 

" By authority of the mandate of the Right Reverend 

*' Bishop of Calcutta, I do now induct you, 

" the Reverend into the possession of this 

" Church as the Archdeacon of by placing 

" you in the chair and seat, to the said Archdeaconry or 

" archidiaconal dignity of belonging, and 

" by the last Archdeacon thereof possessed and used." 

The Archdeacon will then take his seat and the service 
proceeds. 



A memorandum of the induction, and date, is signed 
by the minister on the back of the mandate, which is 
returned to the office of the Registrar to be recorded. 

For the forms applicable on instituting and inducting 
an Archdeacon in the Indian diocese, the reader is 
referred to sect. VI. of this Chapter. 

The Registrar attends both on the institution and 
induction, and enters in his register the whole pro- 
ceedings, and duly attests the same. 

And by the ecclesiastical law of the realm of Toreadthe 
England* every person who shall be presented or C0 * n T? prayer 

° J l r and declare as- 

collated, or put into any ecclesiastical benefice or sent thereto. 
promotion, shall in the church, chapel, or place of 
public worship belonging to his said benefice or 
promotion, within two months next after that he 
shall be in the actual possession of the said ecclesias- 
tical benefice or promotion, upon some Lord's day, 
openly, publickly, and solemnly, read the morning and 
evening prayers appointed to be read by and according 

* 13 & 14 Car. 2, cap. 4, $ 6. 



32 Of the Archdeacon? and Commissaries [chap. III. 

to the Book of Common Prayer, at the times thereby- 
appointed or to be appointed ; and after such reading 
thereof, shall openly and publicly, before the congre- 
gation there assembled, declare unfeigned assent and 
consent to the use of all things therein contained and 
prescribed, in these words, and no other : " I, A. B. do 
" here declare my unfeigned assent and consent to all 
" and every thing contained and prescribed in and by 
" the book intituled, the Book of Common Prayer and 
" Administration of the Sacraments, and other rights. 
" and ceremonies of the Church, according to the use 
" of the Church of England, together with all the 
" Psalter or Psalms of David, printed as they are to be 
" sung or said in Churches, and the form or manner 
" of making, ordaining, and consecrating of Bishops, 
" Priests, and Deacons. " 

" And every such person who shall (without some 
" lawful impediment to be allowed and approved by the 
" Ordinary of the place) neglect or refuse to do the 
" same within the time aforesaid (or in the case of such 
" impediment within one month after such impediment 
" removed), shall, ipso facto, be deprived of all his said 
" ecclesiastical benefices and promotions, and from 
" thenceforth it shall be lawful for all patrons and 
" donors of all and singular the said ecclesiastical bene-- 
** fixes and promotions, according to their respective 
" rights and titles, to present or collate to the same* 
" as though the person or persons so offending or neg- 
" lecting were naturally dead." 

But the same Ecclesiastical Law now declares* " it 
* hath happened, and may happen, through sickness or 
" other lawful impediment, that divers persons have been 
" and may be hindered from reading the said articles, and 
" making the said declaration, within the two months, 
11 and yet such person after such sickness or other lawful 
w impediment removed hath read or may read the said 
" articles, and hath made or shall make the said decla- 

*-Stat. 23 Geo. 2, cap. 28, § 2. 



sect. II.] in the Diocese of Calcutta. S3 

" ration ; and it is reasonable that such persons should 

" be deemed to have complied with the true intent and 

" meaning of the said act : it is therefore enacted, that 

*' every person who hath read or shall read the said 

*' articles, and hath made or shall make the said decla- 

•* ration, at the same time that he did read or shall read 

*' the morning and evening prayer, and declare his un- 

'* feigned assent and consent thereunto, according to the 

" form in 13 8c 14 Car. 2, cap. 4, §6, shall be and is 

M hereby declared and adjudged to have complied with 

" the true intent and meaning of the said act of the 13 

" Eliz. although the same were not or may not be read 

" within the space of two months after such person's 

" induction into any benefice with cure ; and every such 

" person shall be freed and discharged from any depri- 

'* vation or other forfeiture by virtue of the said act." 

A man deprived for not giving his assent within two 
months is not disabled to be presented de novo, and if a 
stipendiary priest continues in the exercise of his func- 
tion after the two months, with the approbation of the 
nominorand dean, who ought to approve ; this amounts 
to a new nomination ; and giving his assent, &c. at any 
time is sufficient. Carver v. Pinkney, 3 Lev. 83. 

By 13 & 14. Car 2, cap. 4, § 11, he shall publicly Declaration of 
and openly read the ordinary's certificate of his having theeTtabiishSi 
subscribed the declaration of Conformity to the Liturgy church * 
of the Church of England, as it is now by law esta- 
blished, together with the same declaration or 
acknowledgment upon some Lord's day, within three 
months next after such subscription, in his Parish 
Church, where he is to officiate, in the presence of the 
congregation there assembled, in the time of divine 
service, upon pain that every person failing therein 
(without some lawful impediment to be allowed and 
approved by the ordinary of the place, 23 G. 2, cap. 28.)' 
shall lose such parsonage, vicarage, or benefice, curate's 
place, or lecturer's place respectively; and shall be 
utterly disabled and ipso facto deprived of the same ; 



34 Of the Archdeacons and Commissaries [chap. III. 

and the said parsonage, vicarage, or benefice, curate's 
place, or lecturer's place, shall be void as if he was 
naturally dead. 

A doubt hath been raised whether the design of the 
act was that the Clerk should only read the Bishop's 
certificate to the congregation, in testimony of his hav- 
ing subscribed the declaration before him, or whether, 
after having read the certificate, he should not also 
make the same declaration again in form before the 
congregation ; which point hath never been judicially 
determined; but the latter opinion is not only more 
safe, but hath also been thought more agreeable to the 
tenor of the act, than the bare reading of the certificate. 
Gibs. 817. 

Presuming an Archdeacon, as constituted in the In- 
dian Diocese by the several Letters Patent, to be 
regularly instituted and inducted, the following may 
now be laid down. 



SECTION III. 



Of the office of an Archdeacon by the ecclesiastical Law of 
England, and other functions belonging to the Archdea- 
cons in the Diocese of Calcutta. 



office and du- AN Archdeacon, ( Archidiaconus ) according to the 
l e ac°o f n a by A the* ecclesiastical law of England, is defined to be, one that 
iMd? fiEnir nath ecclesiastical dignity, and jurisdiction, over the 
clergy and laity, next after the Bishop, throughout the 
Diocese, or in some part of it only. Archdeacons had 
anciently a superintendant power over all the paro- 
chial clergy, in every deanery in their precincts, they 
being the chiefs of the deacons ; though they have no 
original jurisdiction, but what they have got, is from 
the Bishop, either by prescription, or composition ; and 
is the Bishop's Sir Simon Degge tells us, that it appears, an Archdea- 
substitute. con ig a mere SUD stitute to the Bishop ; and that what 



sect. III.] in the Diocese of Calcutta. 35 

authority he has, is derived from him, his chief office 
being to visit and enquire, and " Episcopo nunciare" &c. 

And an Archdeacon, is now allowed to be, an is an ordinary, 
ordinary, as he hath a part of the episcopal power 
lodged with him. Gibs. 970; Burn. Eccl. Law, vol. 1, 
page 95. 

It is one part of the office of an Archdeacon to 
examine candidates for holy orders, and to induct 
clerks, within his jurisdiction, upon receipt of the 
Bishop's mandate, 2 Cro. 556 ; 1 Lev. 193; Wood's 
Inst. 30. 

By the canon law, the Archdeacon is styled the By canon law 

it* i ? Ti iii iii--« f \ hatn power to 

Bishop s Eye, and hath power to hold visitations, (when hold visita- 
the Bishop is not there) and hath also power, under the tl0DS; 
Bishop, of the examination of clerks to be ordained, as 
also of institution and induction; likewise, of correc- 
tion, inspecting, and reforming irregularities and to correct ; 
abuses among the clergy; and a charge of all parochial hath char(ye of 
churches within the Diocese: in a word, according »u churches. 
to the practice of, and latitude given, by the canon 
law, to supply the Bishop's room, and as the words of 
the law are, in all things to be the Bishop's vicegerent, 

God: 61. 

Bishops, in case of sickness or other public concerns, visitations by. 

A re lifl<?/icons* 

delegate and give Archdeacons commissions to visit 
and enquire, and to give them an account of all, at the 
end of their visitations. And the objects of visitations 
by the canons, are laid down to be, to consider of the 
state of the Church and religion within the Diocese 
Gibs. 958. 

Lindwood says, the Archdeacon, although there be 
not a cause, may visit once a year. Lind. 94. 

Langton. The Archdeacons in their visitation shall 
see that the offices of the Church be duly adminis- 
tered. 

Otho. Concerning Archdeacons. We do ordain, that 
they visit the Churches profitably and faithfully, by 
enquiring of the sacred vessels and vestments; and 



36 



Further func- 
tions of the 
Archdeacons 
in the Indian 
Diocese. 



Days of preach- 
ing. 



And at the 
other archdea- 
conries. 



Their right of 
preaching on 
other occa- 



Bishop Middle- 
ton'* opinion. 



Of the Archdeacons and Commissaries [chap. III. 
how the service is performed, and generally of tem- 
porals and spirituals, and what they shall find to want 
correction, that they correct diligently. And they 
shall instruct the clergy (amongst other things) to 
live well ; and to have a sound knowledge and under- 
standing in performing the divine offices. Athon. 52. 

And by canon 86, shall survey the Churches of his or 
their jurisdiction ; or cause the same to be done And 
by Reynolds, have a diligent regard to the fabric, and 
especially of the chancel, to see if they want repair. 

And with regard further, to the functions of the 
Archdeacons in the Indian Diocese, it may be observed, 
that by an order of Bishop Middleton, the Archdeacon 
of Calcutta is appointed to preach at the Cathedral, on 
the following days: First Sunday after Epiphany ; First 
Sunday in Lent ; Good Friday ; Ascension day ; Trinity 
Sunday; Seventh Sunday after Trinity; and the 
Second Sunday in Advent. 

And by the same order, at the other archdeaconries, 
the respective Archdeacons are appointed to preach in 
their several churches on the following; the Circum- 
cision; Septuagesima Sunday; Mid Lent Sunday; 
Easter Day; Whit Sunday; First Sunday in Advent; 
and Christmas day. 

And it may be here observed, with regard to the 
right of preaching in their respective Churches, on 
other occasions, when they think proper, that the 
opinion of Bishop Middleton on the same, was, " it 
" was a right intended and implied in their very 
" appointment, and virtually conveyed to them, by 
" their institution, and that even though the presidency 
(t chaplains were (persona? etc lesice) (if indeed the defini.- 
" tion of that character, as cited from Blackstone will 
" allow it to be supposed two persons in one and the 
" same church) he was still of opinion, that this 
<* would be no bar to the right of the Archdeacop, to 
** certain participation in the use of the pulpit, inas- 
" much, as the chaplains could not hold their right? 



sect. IV.] in the Diocese of Calcutta. 37 

" by a fuller sanction than that upon which the 
u Archdeacon grounded his claim ; and he conceived 
" that the share which the Archdeacon should take in 
" the service of the principal Church within his arch- 
" deaconry, was entirely matter of episcopal regular 
" tion." See Memoirs of Bishop Middleton, by Arch- 
deacon Bonny, page Ixix ; and the above opinion was 
fully acted up to and confirmed by Bishop Heber. 

And with regard to the duties and functions, 
generally, of Archdeacons, See further, StiUiiigfat's 
Eccl. Cases, vol. 1, 337; Com. Dig. Tit. Ecclesiast. Per- 
son, (c, 5) also 4. Inst. 339, and Dist. 25. c. 1 ; Dist. 
94, X 1, 23; Synd. 49; Ath f 52, 93; and for the several 
proceedings in the Indian Diocese in which the Arch- 
deacons are further concerned, See the several other 
chapters of this work. 



SECTION IV. 



Of the Resignation of the office of Archdeacon in the 
Indian Diocese. 



THE several Letters Patent, after reserving to His Resignation 
Majesty the power of revoking or recalling the ap- "e" /patent. 6 
pointments of the Archdeacons, expressly provide, 
" that for removing doubts with respect to the validity 
" of resignation of the said offices of Archdeacon, that 
" if either of the Archdeacons of Calcutta, Madras, or 
" Bombay, by any instrument under their hand and seal, 
" delivered to the Bishop of Calcutta for the time being, 
" and by him accepted and registered, shall resign the 
" office of Archdeacon : such Archdeacon shall forth* 
" with cease to be Archdeacon, but without prejudice to 
" any responsibility to which he might be liable in law 
" or equity in respect of his conduct in his office." 

The Archdeacons of Colombo and New South Wales 
are directed to resign in like form to the respective 
Governors. 



38 Of the Archdeacons and Commissaries [chap. III. 

Resjgnatioa To understand practically, these provisions of the 

Letters Patent, it may be necessary to notice by way 
of Explanation, that, by the Ecclesiastical law, — a 
Resignation is, where a beneficed clergyman, volun- 
tarily gives up and surrenders his spiritual charge and 
preferment to those from whom he received the same. 
Deg. p. 1, cap. 14. 

IadI bomt0be ^ e or ^ inar y wno natn tne power of institution, 
hath power also to accept of a resignation : 2 Roll. 
Abr. 358 ; Wats. cap. 4. And resignation can only be 
made to a superior. Gibs. 822. 

should be Regularly, resignation must be made in person and 

son, e regu P iariy. not by proxy. But in practice, there is no way (as it 
seemeth) of resigning, but either to do it by personal 
appearance before the ordinary, or at least to do it else- 
where before a public notary, by an instrument directed 
immediately to the ordinary, and attested by the said 
notary, in order to be presented to the ordinary, by 
such proper hand as may pray his acceptance. In 
which case, the person presenting the instrument to the 
ordinary doth not resign " nomine procurator is," as 
proctors do, but only presents the resignation of the 
person already made. Gibs. 822 ; Deg. p. 1, cap. 14; 
Wats. cap. 4. 

Mustbeabso- A collateral condition (a. g. to present any one) may 

lute and not , , . xl 

conditional, not be annexed* to the resignation, no more than an 
ordinary may admit upon condition, or a judgment be 
confessed upon condition, which are judicial acts. 
Wats. cap. 4. 

But where the resignation is made for the sake of 
exchange only, there it admits of this condition, viz. 
if the exchange shall take full effect, and not other- 
wise, as appears by the form of resignation which is in 
the register. Gibs. 821. 
Must be ac- No resignation can be valid, till accepted by the 
cepted# proper ordinary : that is, no person appointed to a 

cure of souls can quit that cure, or discharge himself 
of it, but upon good motives, to be approved by the 



sect. V.] in the Diocese of Calcutta. 39 

superior who committed it to him ; for it may be v he 
would quit it for money, or to live idiy, or the like, 
and this is the law temporal, as well as spiritual, as 
appears by that plain resolution which hath been given, 
that all presentations made to benefices, resigned 
before such acceptance, are void.* 

A form of resignation by an Archdeacon in the 
Indian Diocese, and other instruments thereon, are 
given in section VI. of the present chapter. 



SECTION V. 
Of the Commissaries in the Indian Diocese. 



BY the several Letters Patent, it is also ordained 
and declared, that '- each of the Archdeacons shall 
" within his Archdeaconry, be and be taken to be, 
" without further appointment, the commissary of the 
" Bishop; and shall exercise jurisdiction in all matters 
" aforesaid, according to the duty and functions of a 
" commissary, by the ecclesiastical law." 

" In all matters aforesaid,'' are the same powers 
as in all respects, limited therein to the Bishop, saving 
ordination and confirmation, qualified, however, by the 
words, " to be by the Bishop and his successors there- 
unto specially authorized." For these express powers, 
see Letters Patent of the 2d of May, 1814, and Chap- 
ter II. 

And by the Letters Patent of the 27th of May 1823, 
power is granted the Bishop to appoint commissaries, 
generally, within the Diocese. 

It may be useful here, in reference to the Letters office and duty 
Patent on this subject to detail so much of the nature sary in En g ~ 
of the office of a commissary, as is laid down according 
to the ecclesiastical law. 

* The question of vacancy or no vacancy is to be determined by the spiritual law 
in the spiritual Court. Blackstone's Cumm. vol. 3, p. i>0, 91. If the right of patro- 
nage comes into dispute, the Ecclesiastical Court takes no cognizance, see same, 
pages 246, 247. 



40 Of the Archdeacons and Commissaries [chap. III. 

Office and It is mentioned, that the term Commissary, is a title 

duty of a com- c . . , . . ... ,. , . , 

mi^sary. ot jurisdiction, appertaining to him that exerciseth 
ecclesiastical jurisdiction in places of the Diocese, so 
far distant from the chief city, that the Chancellor 
cannot call the people to the Bishop's principal con- 
sistory court, without great trouble to them. This 
Commissary, is called by the canonists " commissarius" 
or " officiaUs, foraneus" and is ordained to this spe- 
cial end, that he should supply the office and juris- 
diction of the Bishop, in the out places of the Diocese, 
or in such places as are peculiar to the Bishop. Terms 
of the Law, 4 Inst. 338; and again, 

Commissary, is he that is limited by the Bishop 
to some certain place of the Diocese, to assist him, and 
in most cases, hath the authority of Official, Principal, 
and Vicar General, within his limits. Terms of the Law. 
Tit. Commissary. 4 Inst. 338. ,And the proper work 
of an Official is, to hear causes between party and 
party of temporal cognizance. The proper work of a 
Vicar General is, the exercise and administration of 
jurisdiction, purely spiritual, by the authority and 
under the direction of the Bishop, as visitation, cor- 
rection of manners, granting institutions, and the like, 
with a general inspection of men and things, in order 
to the preserving of discipline and good government 
in the Church. Gibs. Introd. 22. Gibsons Tracts, 108; 
which last office would seem more peculiarly to belong 
to the Commissaries of this Diocese, as intended by the 
Letters Patent. 
Qualifications By Canon 127, no man shall be admitted a Chan- 
saryinEng- cellor, Commissary, or Official, to exercise any 
ecclesiastical jurisdiction, except he be of the full age 
of six and twenty years, at the least, and one that is 
learned in the civil and ecclesiastical laws, and is at 
least a master of arts, or bachelor of law ; and is rea- 
sonably well practised in the course thereof, as likewise 
well affected, and zealously bent to religion, touching 
whose life and manners no evil example is had ; and 



sect. VI.] Forms. 

except before he enter into, or execute any such office, 
he shall take the oath of the Kings supremacy, in the 
presence of the Bishop, or in the open Court, and 
shall subscribe to the thirty-nine articles, and shall 
also swear, that he will, to the uttermost of his under- 
standing, deal uprightly and justly in his office, without 
respect of favor or reward ; the said oaths and sub- 
scriptions, to be recorded by a Register then present. 



41 



OA&£g. 
1. Of Allegiance. 

Clerk, now to be admitted 



SECTION VI. 

Forms: 
Archdeacons. 

4. Canonical Obedience. 



and instituted to the archdeaconry of — 
in the diocese of Calcutta, do sincerely 
promise and swear, that I will be faithful 
and bear true allegiance to His Majesty 

King the — - 

So help me God. 



2. Supremacy. 

I — Clerk, now to be admitted 

and instituted to the archdeaconry of 
the Diocese of Calcutta, do 



swear, that I do from my heart abhor 
detest, and abjure, as impious and here- 
tical, that damnable doctrine, and position, 
that princes excomunicated, or deprived 
by the pope, or any authority of the see 
of Rome, may be deposed, or murdered, 
by their subjects, or any other whatsoever. 
And I do declare, that no foreign prince-, 
person, prelate, state, or potentate, hath 
or ought to have, any jurisdiction, power, 
superiority, pre-eminence, or authority, 
ecclesiastical or spiritual, within His Ma- 
jesty's realm. 

So help me God. 



3. Simony. 

Clerk, now to be admitted 



and instituted to the archdeaconry of 

in the Diocese of Calcutta, do 

awear that I have made no simoniacal pay- 
ment, contract, or promise, directly, or in- 
directly, by myself or by any other, to my 
knowledge, or with my consent, to any 
person or persons, whatsoever, for or 
concerning the procuring or obtaining of 
the office of Archdeacon, nor will, at 
any time hereafter, perform, or satisfy 
any such kind of payment, contract, or 
promise made by any other without my 
knowledge or consent. 

So help me God. 



I . Clerk now to be admitted 

and instituted to the archdeaconry of 
in the Diocese of Calcutta, do 



swear, that I will pay true and canonical 
obedience to the Lord Bishop of Calcutta 
and his successors, in all things lawful 
and honest. 

So help me God. 

5. Commissary s Oath. 
I now to be appointed Com- 
missary to the Right Reverend 



Lord Bishop of Calcutta, in and for the 

archdeaconry of do 6 wear, that I 

will to the uttermost of my understanding, 
deal uprightly and justly in the office afore- 
said, without respect of favour or reward 
So help me God. 



SUBSCRIPTIONS. 

I Clerk, now to be admitted 

and instituted to the archdeaconry of 
in the diocese of Calcutta, do 



willingly and ex animo, subscribe to the 
thirty-nine articles of the Church of Eng- 
land, and to all things that are contained 
in them this day of in the 



A. B. 



year of our Lord 



I ————— do willingly, and ex animo 
subscribe to the three articles, in the 
thirty- sixth of the ecclesiastical canons, 
made in the year of our Lord one thou- 
sand six hundred and three, and to all 
things, that are contained in them, the 
day and year above mentioned. . R 

do declare. 



I the above named • 



that I will conform to the Liturgy of the 
Church of England as it is now by law 
established. ^ ?> 

On the day and year aforesaid these 
subscriptions were made before us, 

C. Calcutta, 
which I attest, 

D. Reg. 



the Archdea 
con 



42 Of the Archdeacons and Commissaries [chap. III. 

No. 2. TO all Christian people to whom these presents shall come, or in 

Steripta an y wise concern > b y divine permission Bishop of Cal- 

and oaths for cutta, sendeth greeting ; Be it known unto you, that on the day of the 
date hereof to be admitted and instituted to the arch- 
deaconry and archidiaconal dignity of within our dio- 
cese and jurisdiction of Calcutta, did, before his admission thereto, 
personally appear before us, and subscribe to the thirty-nine articles of 
the Church of England, agreed upon in the convocation holden at 
London in the year of our Lord one thousand five hundred and sixty- 
two, and to the three articles in the thirty-sixth of the ecclesiastical 
canons, made in the year of our Lord one thousand six hundred and 
three, and to all things that are contained in them; and at the 
same time did, on the Holy Evangelists, swear that he would be faithful 

and bear true allegiance to His Majesty King George the and 

that he renounced all foreign jurisdiction, power, superiority, pre- 
eminence or authority, ecclesiastical or spiritual, within His Majesty's 
realm, pursuant to an act of Parliament, made and published to that 
effect; and further, that he had not directly or indirectly obtained 
or procured the said archdeaconry or archidiaconal dignity by any 
simoniacal payment or contract whatsoever, and that he would pay 
true and canonical obedience to us and our successors, Bishops of 
Calcutta, in all things lawful and honest. 

In testimony whereof, we have caused our seal to be hereunto affixed, 

dated the day of in the year of our Lord 

and of our consecration the 

/- clerk, now to be instituted to the Arch- 



No. 3. 

Declaration of deaconry of in the Diocese of Calcutta, do 

conformity. declare that I will conform to the Liturgy of the Church 

of England as it is now by law established. 

A. B. 

TO all to whom these presents shall come, by divine 

permission Bishop of Calcutta, sendeth greeting: Know ye, that on the 

day of the date hereof the abovesaid to be admitted 

and instituted to the archdeaconry of within our diocese 

and jurisdiction of Calcutta, did personally appear before us, and 
before his admission and institution thereto, did make and subscribe 
the declaration above written. 

In testimony whereof, we have caused our seal (which in this behalf 

we use) to be hereunto affixed, dated this day of 

in the year of Lord and of our consecration 

the — — -— 



sect. VI.] Forms, 43 

by divine permission Bishop of Calcutta, to our No. 4. 

well beloved in Christ- health, grace, and benediction ; Letters of col- 

° /.it. latl0n an( * m * 

We do by these presents appoint you to be Archdeacon of the arch- stitution. 

deaconry of within our diocese and jurisdiction, vacant by 

r death ~\ 
the < or I of the the late Archdeacon thereof, 

t resignation J 
and to our donation or collation in full right belonging ; and do 
hereby confer upon you the same, And by these presents do canonically 
institute you, in and to the said archdeaconry, and archidiaconal 

dignity of and do invest you with all and singular 

the rights, members, privileges, and appurtenances to the same be- 
longing ; you having first before us subscribed the articles, taken the 
oaths, and made and subscribed the declaration, which are in this 
case by law required to be subscribed, made, and taken; and we do 
by these presents assign and appoint unto you the place, chair, and 

seat by the last Archdeacon thereof possessed and used 

in the church of at in the said archdeaconry 

of- (saving always to ourselves our episcopal rights and 

the dignity and honor of our Cathedral Church of Calcutta). 

In testimony whereof we have caused our episcopal seal to be 

hereunto affixed, dated this day of in the year 

of our Lord and of our consecration the—— — ■— 

by divine permission Bishop of Calcutta, to the n 0< 5# 

Reverend and all other of the Ministers and Chap- Mandate to in- 

r duct. 
lains licenced to officiate and resident in the archdeaconry of 

greeting ; Whereas the Reverend -_— —_ hath been appointed 
and collated by us to the said archdeaconry and archidiaconal 

dignity of within our diocese and jurisdiction, and we 

have duly and canonically admitted and instituted him in and to the 
said archdeaconry, and have invested him with all and singular 
the rights, members, and appurtenances thereunto belonging, and 
have assigned and appointed unto him the place, chair, and, seat in 
the Church of to him belonging, and by the last Arch- 
deacon thereof possessed and used ; we do therefore hereby empower 
and strictly require you, jointly and severally, to induct or cause to 

be inducted the said into the said archdeaconry, and into 

all and singular the rights, members, and appurtenances thereunto 
belonging, by placing him in the place, chair, and seat, aforesaid, 
and to defend him so inducted, and what you shall do in and con- 
cerning the premises, you or whatsoever of you that shall execute 
this our present mandate, are duly to certify to us or our successors 
when you shall be duly required so to do. 

Given under our seal (which in this behalf we use) the — 

day of in the year of our Lord — and of our 

consecration the — — 



44 



Of the Archdeacons and Commissaries [chap. III. 

Memorandum, this — day of we whose 



Indorsement 
and return 

foi? the fore- names are hereunto subscribed, do humbly certify to all to whom it 



going mandate, may concern, that the Reverend 



was this day duly 



inducted as the Archdeacon into the archdeaconry of 

in the diocese of , conformably with the within mandate 



by the under signed Reverend 



in our presence, 
A. B. Minister 
C. D. Registrar. 
E. F. 
G.H. 



No. 6. 
Form of re- 
signation by 
the Archdea- 
con. 



TO the Right Reverend 



Lord Bishop of Calcutta, 



and your Lordship's successors, Bishops of Calcutta; Whereas in and 

by certain letters of collation or institution, bearing date the 

day of under the episcopal seal of the Right Re- 
verend Lord Bishop of Calcutta, 1 the Reverend 

■ on the day of was admitted 

and instituted, and on the day of ; was inducted 

into and do now hold and possess, and am invested with the 

archdeaconry and archidiaconal dignity of within your 

Lordship's diocese and jurisdiction of Calcutta, and to your dona- 
tion or collation belonging. And whereas, now intending to return 
to Europe, I am desirous for that and other good and sufficient 
causes to resign and relinquish the said office of Archdeacon unto your 
Lordship and your successors, Bishops of Calcutta ; Now therefore, 

I, the Reverend ■ Archdeacon of the said archdeaconry 

of 



by these presents, and to enable your Lordship and 

your successors, Bishops of Calcutta, to appoint and collate to the 
same archdeaconry, do, without compulsion, fraud or deceit, simply, 
purely and absolutely resign, surrender, and yield up the said office 
of Archdeacon, with all and singular its rights, members, privileges, 
and appurtenances, and all my right, title, interest, claim, and 

demand therein or thereto, together with the said letters 

unto your Lordship and to your Lordship's successors, Bishops of 
Calcutta, and do so resign and relinquish the same, subject to all or 
any responsibility which 1 am now or may be liable for in law or 
equity, in respect to my conduct in the said office. 

Witness my hand and seal this day of in the 

year of our Lord — 

a n. 

Attested by A. B. Registrar and a notary public. 



sfxt. VI.] Forms. 45 

I, the Reverend — Archdeacon of the archdeaconry No. 7. 

i ■ • v i i j • x Proxy, it ne- 

c f _, — and now residing at ■ do make and appoint cessarv> f or t he 



to be my true and lawful proctor for me and on my same. 



behalf, to give in and exhibit to the Right Reverend 

Lord Bishop of Calcutta, now residing at the annexed 

resignation of my office as such Archdeacon, and to pray that the 
same may be accepted and registered and declared void, and to do 
all things needful and necessary for me in that behalf. 

Witness my hand and seal this day of in the 

year of our Lord 



C. D. 



Attested by A. B. Registrar and a notary public, 



TO our beloved in Christ, the Reverend _____ No. 8. 

greeting; Whereas : : Registrar of the archdeaconry ^g!^ 06 ° 

of and your proctor or substitute inthat behalf, hath 

exhibited to us on the day of the date' hereof, a certain instrument 

under your hand and seal, bearing. date the — ! : day. of 

now last past, setting forth that you, the said by the 

letters of collation or institution of the Right Reverend — 

Lord Bishop of Calcutta, bearing date the — day of 

and under his episcopal seal had been collated and instituted Arch- . 

deacon of the archdeaconry of and into which 

archdeaconry you was inducted on the day of 

and that being desirous to resign the said office of Archdeacon, you 
did by such instrument, without compulsion, fraud, or deceit, simply, 
purely and absolutely, resign the said office of Archdeacon into our - 
hands, subject to all responsibility which you was then and might be 
liable for in law or equity in respect to your conduct in the said 
office. And did also, by a separate instrument under your hand and 

seal appoint the said ■ as your proctor, to exhibit 

before us such instrument of resignation by you, and to pray in 
your behalf that we would be pleased to accept the same. Now 
therefore know ye, that in compliance with such your request and 
prayer, we do hereby accept your resignation of the office of Archdea- 
con of ■ and we do also certify that such resignation 

has been duly registered by us, and do hereby declare the said 

Archdeaconry of to be now void to all intents and 

purposes. 

In testimony whereof we have caused our episcopal seal to be 

hereunto affixed, dated the day of in the 

year of our Lord one thousand eight hundred and — ■■> and of 

our consecration the 



46 Of the Archdeacons and Commissaries [chap. III. 

When instituted by Commission. 

No. 9. — by divine permission Bishop of Calcutta, to 

our well beloved in Christ Clerk, Minister and Chap- 
lain at in the archdeaconry of within, 

our diocese greeting; Whereas it is our purpose to confer upon and 
give to our beloved in Christ he being one of the Chap- 
lains of the United Company of Merchants trading to the East Indies, 
now resident in India, the archdeaconry or archidiaconal dignity of 

I death *} 

— in our said diocese, vacant by the < or v 

I resignation } 

of the late Archdeacon thereof, and to our donation 

or collation in full right belonging ; And also the office of our 
Commissary in and for the said archdeaconry, vacant also by 

the of the said And whereas the said 

cannot conveniently attend us for the purpose of taking the oaths 
and making the subscriptions and declarations, and of being re- 
gularly admitted and instituted into the same office, and being 
appointed to the said office of Commissary, We do therefore by these 
presents constitute and appoint you the said our Com- 
missary in this behalf, and do empower you the said . 

to see the said subscribe, as annexed, to the Thirty- 
nine Articles of Religion of the Church of England, and to the three 
articles of the thirty-sixth Canon, and to all things that are contained 
in thern, and to see him also subscribe to, as annexed, and hear him 
declare his conformity to the Liturgy of the Church of England, as it 
is now by law established, and also to administer to him all and singu- 
lar the oaths hereunto annexed; and also, after he shall have so made 
and taken all such oaths and subscribed the articles and made the de- 
claration as aforesaid, we do then further authorize and empower you 
or any or either of you duly and canonically to admit and institute him 

the said in and to the said archdeaconry and 

archidiaconal dignity of aforesaid, and to invest 

him with all and singular the members, privileges, and appurtenances 
thereunto belonging; and lastly, after such admission, institution, and 
investiture as aforesaid, we do then empower and strictly require you 
or any or either of you, or any other minister or chaplain within our 

diocese, to induct or cause to be inducted, the said -■— 

into the real, actual, and corporal possession of the said archdeaconry 

or archidiaconal dignity of with all and singular 

the rights, members, and appurtenances thereunto belonging, by 

placing him in the place, chair, and seat in at • — 

in the archdeaconry of aforesaid, and to the 

said archdeaconry or archidiaconal dignity belonging, and by the last 
Archdeacon thereof possessed and used ; and to defend him so inducted ; 



sect. VI.] Forms. 47 

and what yon or any or either of you shall do touching and con- 
cerning all and singular the premises herein, you are duly to certify 
to us of the same, together with these presents. 

Given under our seal (which in this behalf we use) this 

day of in the year of our Lrod ■ 

and of our consecration the 

Indorsements. 
Archdeacon' s Oaths, and the Commissary s Oath and 
Subscriptions are annexed to the above Commission, with 
the following indorsement or returns. 

TO the Right Reverend Father in God by divine lstlndorsement 

permission Lord Bishop of Calcutta I Commissary commission. 

within named, do hereby humbly certify your Lordship that the within 

named Clerk, did, on the day of 

appear personally before me, and did then take all the oaths 

hereunto annexed, having first subscribed the articles, and made and 
subscribed the declaration of conformity within mentioned. 

Witness my hand, A B. Commissary 

(Signed) 

C. D. Registrar. 
Dated, day of 

I the Commissary above named, do hereby, also 2n( j indorse- 
humbly certify your Lordship, that the within named after ment. 

having taken the oaths and subscribing as above, was this day duly and 
canonically admitted and instituted by me to the archdeaconry of 

in your Lordship's diocese of Calcutta, conformably with 

the within authority. 

Witness my hand, A. B. Commissary 

C. D. Registrar, 
Dated, day of — — _ 

Memorandum, this day of we whose names 3rd Indorse 

are hereunto subscribed, do humbly certify that the Reverend ment * 

■ — i was this day duly inducted as the Archdeacon of 

in the diocese of conformably with the within authority by 

the undersigned — - i n ur presence. 

A. B. Commissary, 
C. D. Minister, 
E. F. Registrar. 
Dated, day of— — 



48 Of the Archdeacons and Commissaries [chap. IIJ. 

No. 10. TO all Christian people to whom these letters testimonial may 

Certificate of • • T> ., , 

oaths and sub- come 0r in an y wlse concern > greeting, Be it known unto you, that on 



scriptions and the day of the date hereof 

other papers to 



Clerk, to be admitted 



be sent with the an{ ^ instituted to the archdeaconry or archidiaconal dignity of 

commission. j a the diocese of Calcutta, did, before his admission and institution 
thereto, personally appear before me (commissary for this purpose 

especially appointed by the Right Reverend Father in God 

by divine permission Bishop of Calcutta) and subscribe to the 
thirty-nine articles of the Church of England agreed upon in the con- 
vocation holden at London in the year of our Lord one thousand five 
hundred and sixty-two, and to the three articles in the thirty-sixth of 
the ecclesiastical canons, made in the year one thousand six hundred 
and three, and to all things that are contained in them ; and at the same 
time did on the Holy Evangelists swear that he would be faithful 

and bear true allegiance to His Majesty King George the 

and that he renounced all foreign jurisdiction, power, superiority, 
pre-eminence, or authority, ecclesiastical or spiritual, within His Ma- 
jesty's realm, pursuant to an Act of Parliament made and published to 
that effect ; further, that he had not directly or indirectly obtained or 
procured the said archdeaconry by any simoniacal payment or contract 
whatsoever, and that he would pay true and canonical obedience to 
the said Lord Bishop, and his successors, Bishops of Calcutta, in all 
things lawful and honest. 

In testimony whereof the seal of the said Lord Bishop is hereunto 

affixed, and I have subscribed the same, the day of 

in the year of our Lord 



No. 11. 
Commissary's 
certificate of 
conformity. 



I 



Clerk do declare that I will conform to the liturgy 



of the Church of England as it is now by law established. 



A. B. 



TO all to whom these presents shall come, greeting, Know ye that 

on the day of the date hereof, the above named to be 

admitted and instituted to the archdeaconry or archidiaconal dignity 

of in the diocese of Calcutta, did personally appear 

before me (Commissary for this purpose especially appointed by the 

Right Reverend Father in God by divine permission Lord 

Bishop of Calcutta) and did before his admission and institution 
thereto make and subscribe the declaration above written. 

In testimony whereof the seal of the said Lord Bishop is hereunto 

affixed, and I have subscribed the same this — day of — 

in the year of our Lord 



sect. VI.] Forms. 49 

— by divine permission. Bishop of Calcutta, to our No. 12. 

. . _. . r , r . ' , . If the Bishop 

well beloved in Christ health, grace, and bene- collates, letters 

diction, We do bv these presents aopoint vou to be Archdeacon of the °f collation, 

' J r i r ... with the com- 

archdeaconry of within our diocese and jurisdiction mission. 

{death "J 
or > of the the late Archdeacon 

resignation } 
thereof, and to our donation or collation in full right belonging, and 
do hereby confer upon you the same; and we do by these presents 
assign and appoint unto ycu the place, chair, and seat, by the last 

Archdeacon thereof possessed, and used in the church of 

at in the said archdeaconry of — — • 

saving always to oursehes our episcopal rights and dignity; and have 

by our letters commissary of this date directed to the Reverend -> 

authorized and empowered him as our 

Commissary in that behalf duly to admit and canonically institute 
you in and to the said archdeaconry and archidiaconal dignity 

of • and to invest \ou with all and singular the 

rights, members, and privileges belonging to the same, and also 
to induct or cause you to be inducted thereto, and to do all other 
things necessary in that behalf, vou having first before our said 
Commissary subscribed the articles, taken the oaths, and made and 
subs ribed the declaration which are iu this case by law required to 
be subscribed made and taken. 

In testimony whereof we have caused our episcopal seal to be 

hereunto affixed. Dated this day of in the year 

of our Lord and of our consecration the 

I the Reverend Minister and Chaplain at — n . 13. 

and Commissary for this purpose specially appointed, by the Right Commissary^ 

letters or ccr h\ m 

Revere. d Father in God by divine permission Lord ficate of insti- 

Bishop of Calcutta, to mv well beloved in Christ clk tution with the 

r " commission. 
health grace and benediction; By these presents and by 

virtue of the authority aforesaid, I ad nit you in and to the archdea- 
conry or archidiaconal dignity of in the diocese of Calcutta 



i death "J 

vacant by the < or v of 

t resignation ) 



Clerk the last 



Archdeacon thereof, and belonging to the donation or collation of 

and 1 do duly and canonically institute you in and to 

the said archdeaconry or archidiaconal dignity of and do 

invest you with all and singular the rights, members, privileges and 
appurtenances thereunto belonging (you having first before me sub- 
scribed the articles, taken the oaths, and made and subscribed the 
declaration which are in this case by law required to be subscribed, 
made, and taken ; saving always to the said Lord Bishop and his suc- 

H 



50 Of the Archdeacons and Commissaries [chap. HI. 

eessors the episcopal rights and the dignity and honor of the 
Cathedral Church of Calcutta. 

In testimony whereof the episcopal seal of the said Lord Bishop is 
hereunto affixed, and I have subscribed the same this ' day 

of — — in the year of our Lord — 

No. 14.^ =_ — - by divine permission Bishop of Calcutta, to our 

form of ap- we ^ beloved in Christ — —Archdeacon of the arch- 

poiotment of deaconry of within our diocese and jurisdiction greeting; 

commissary, or ' J ° 

commissary's Whereas, for the purpose of preventing as much as possible the delay 

letters. an( j inconvenience which must arise from the great and remote distance 
of our residence from the said archdeaconry of in per- 
forming the several matters and things herein specified, and from 
other good and sufficient causes and considerations, We do by these 

presents specially authorize and appoint you the said — — ■ - 

our Commissary in and for and throughout the said archdeaconry of 

during our absence from the same, or so long as we shall 

see fit and proper and no longer, in the several matters and for the 
several purposes hereinafter mentioned, you having first before — — 

in that behalf subscribed to the Thirty-nine Articles, and taken 

the oaths of supremacy, and to deal uprightly and justly in the said 
office of Commissary : And for a declaration of those matters and things 
wherein we so direct and empower you to act as such our Commissary, 
we do by these presents expressly authorize and empower you the said 

■ to call for and examine the letters of orders, and all 

licences and other faculties and testimonials relating as well to the 
official appointment of all and singular the Ministers and Chaplains in 
holy orders of the United Church of England and Ireland, now be- 
longing to and unlicenced in the said archdeaconry of as 

to those who may from time to time hereafter be appointed to and 
-arrive at the same, for the purpose of satisfying us of their having 
been respectively duly and regularly appointed as Ministers and 
Chaplains of the diocese, and of their having been admitted to the 
holy orders of priests or deacons: And we do also specially autho- 
rize and appoint you the said — to see all such Ministers 

and Chaplains respectively subscribe to the Thirty-nine Articles of the 
Church of England, agreed upon in the convocation holden at London 
in the year of our Lord one thousand five hundred and sixty two, 
and to the three articles in the thirty-sixth of the ecclesiastical 
canons published in the year of our Lord one thousand six hundred 
and three, and to all things that are contained in them. And also to 
administer to each and every of them on the Holy Evangelists the 
following oaths, viz. to be faithful and bear true allegiance to His 
Majesty King George the , to renounce all foreign juris- 
diction, power, superiority, preeminence or authority, ecclesiastical or 



sect. VI.] Forms. 51 

spiritual, within His Majesty's realm, pursuant to an Act of Parliament 
made and published to that effect; and to pay true and canonical 
obedience to us and our successors, Bishops of Calcutta, in all things 
lawful and honest; and also to hear, and see them respectively make 
and subscribe the declaration of conformity to the Liturgy of the 
Church of England as it is now by law established : And thereupon, 
as such our Commissary as aforesaid, to grant all such certificates 
thereof, as well as our licences to officiate under the episcopal seal to 
all such Ministers and Chaplains within such archdeaconry, and to 
execute and deliver the same, and to affix our episcopal seal 
thereunto, reserving to us and our successors, Bishops of Calcutta, 
the powep of revoking all such licences, whenever we shall see just 
cause for the same. And we do further authorize and grant unto 
you, as our Commissary aforesaid, during such our absence as afore- 
said, our full power to call before you at any competent days, hours, 
and places whatsoever, upon good and sufficient cause, any Minister 
or Chaplain or Priest and Deacon in holy orders in the said archdea- 
conry, and to enquire, by witnesses to be sworn before you in due 
form of law, and by all other lawful ways and means by which the 
same may be best and most effectually done, concerning his or their 
behaviour in his or their office and station ; nevertheless, in all grave 
matters of correction concerning the same, and which are accustomed 
according to the said ecclesiastical law to be judicially examined, we 
do give and grant unto you our full power and authority in like 
manner judicially to examine; and for all and singular the purposes 
last mentioned, to have, use, and affix our episcopal seal to all neces- 
sary processes and instruments whatsoever ; And all or any sentences 
to be passed and pronounced by us, or you, thereupon to certify and 
transmit without delay to the and to us and our suc- 
cessors, Bishops of Calcutta. And we do also further authorize and 
grant unto you our full power to administer all such oaths as are 
accustomed and may by law be administered according to the 
ecclesiastical laws of England, as well to all and singular the aforesaid 
Ministers and Chaplains, and Priests and Deacons as to all or any 
other person or persons whomsoever ; particularly to any person or 
persons who shall or may at any time or times be nominated and 
duly appointed by us and our successors, to be the Registrar of the 
aforesaid archdeaconry ; and also to take or cause to be made and 
taken all subscriptions and declarations which are by law directed to 
be subscribed, made, and taken, by any such last mentioned person 
or persons in that behalf; and we do also further authorize and 
grant unto you, as our Commissary aforesaid, our power to grant 
licences under our episcopal seal for the performance or allowance 
of divine worship in any place or places until consecration; and 
also to grant all or any faculties under the episcopal seal for the 



52 Of the Archdeacons and Commissaries [chap. III. 

admission and erection of any monuments or tablets in any church 
or churches within the archdea< onry aforesaid, so that the same be 
not done to the hindrance of divine worship or to the removal, dis- 
placing, or injury of any monuments already erected, and be not 
otherwise prejudicial or have no improper inscription thereon for a 
place of divine worship ; and lastly, to register or cause to be 
registered, by the Registrar of the said archdeaconry, all and every 
act, matter or thing, and all instruments passed by us and you under 
the episcopal seal, and what shall be done and executed by you under 
or by virtue of these our letters, and also what you shall cause to be 
done in all and singular the several matters and things aforesaid, you 
shall from time to time, and at all times when so required by us, or 
our successors, certify or exhibit to us and our successors, Bishops of 
Calcutta ; and lastly we do hereby save and reserve to us all our 
episcopal rights and jurisdiction, and the power and authority of 
recalling or revoking these presents, and all things herein contained 
whenever we shall see just cause for the same. 

In testimony whereof we have caused our seal to be hereui to set 

and affixed. Dated this day of in the year of 

our Lord and of our consecration the 



( 53 ) 
CHAPTER IV. 

OF THE MINISTERS AND CHAPLAINS IN THE DIOCESE 
OF CALCUTTA. 

SECTION I. 

Extracts from the Letters Patent, of the 2d May, 
54th Geo. 3, A. D. 1814. 



"HIS late Majesty by the same Letters Patent, Extract from 
" grants to the Bishop and his successors full power 2<i May iVu. 
" and authority by himself or themselves, or by his or Appen 
" their Commissary or Commissaries, by him or them 
" to be thereunto specially authorized, to grant 
" licences to officiate to all Ministers and Chaplains of 
" all the churches of chapels or other places within 
" the diocese, wherein divine service shall be cele- 
" brated, according to the rites and liturgy of the 
" Church of England." 



SECTION II. 

As to the Ministers and Chaplains in the Diocese of 
Calcutta, with such of the ecclesiastical Laws and Canons 
as apply to the CL rgy generally, in order to being licenced 
to officiate, and other Proceed bigs relating thereto, 
applicable to the above Portion of the Letters Patent. 

BEFORE Bishop Middleton proceeded to licence preliminary 
his clergy, he consulted the then Advocate General in ^S^lSSi 
Calcutta, (E. Strettell, Esq.) who considered that the tica . 1 d T ™ l " 

« ' nation of the 

different Ministers and Chaplains in the Indian Diocese, ^ergy in the 

1 7 diocese of Cal» 

approached nearest in their ecclesiastical character or tutta - 
vocation, to stipendiary curates in England ; on which 
opinion, that Bishop for the most part acted, and 
framed his licences accordingly. The following ex- 
tracts therefore may be considered, according to the 
Letters Patent, as applicable to the case of the Minis- 
ters and Chaplains in the Diocese of Calcutta. 



54 Of the Ministers and Chaplains [chap. IV. 

pa f rsons! es and Ifc is laid down » that a Curate (curator) is he, who 
represents, in his absence, the Parson, Incumbent, or 
Vicar. And a Parson, {persona ecclesice) is denned to 
be one, that hath full possession of all the rights of a 
parochial church, and is called parson, persona, because 
by his person, the Church, which is an invisible body, 
is represented, and he is in himself a body corporate, 
in order to protect and defend the rights of the Church, 
which he personates by a perpetual succession. 1 
Inst. 300. 

The word parson, in a large sense, includes all 
clergymen having spiritual presentations. And there 
may be two parsons in one Church, one of the one 
moiety, and the other of the other ; and a part of the 
church and town allotted to each. And there may 
be two that make but one parson in a Church, pre- 
sented by one patron. 1 Inst. 17, 18. 
Licence neces- No curate or minister, ought to perform the duties 
particulars. of any Church, before he has obtained a licence from 
the Bishop. 2 Burn 58. By Can. 48, no curate or 
minister shall be permitted to serve in any place, 
without examination, and admission of the Bishop of 
the diocese or ordinary of the place, having episcopal 
jurisdiction, under his hand and seal, having respect 
to the greatness of the cure and meetness of the party. 
Not to remove And the said curates and ministers, if they remove 

from one dio- i i_ 

cese to another from one diocese to another, shall not be by any 

without letters . . , - 

of testimony, means admitted to serve without letters ot testimony 
of the Bishop of the diocese, or ordinary of the place 
as aforesaid, whence they came, in writing, of their 
honesty, ability, and conformity to the ecclesiastical 
law of the Church of England. 

Agreeable to All which is agreeable to the rule of the ancient 
canon law, which requireth, that no clergyman shall 
be received in another diocese, without letters com- 
mendatory from the Bishop of the diocese from 
whence he removed. Gibs. 896. 



the canon law. 



sect. II.] in the Diocese of Calcutta. 55 

And by Can. 50, strangers are not to be admitted fa"™™ iuh- 
to preach in Churches or Chapels, without shewing out liceQce - 
their licence. 

Nor, by Can. 61, in any Cathedral Churches, or No minister to 

_ v . 11 .' _ . \ ' r i-r»-i officiate in any 

Colleges, without sufficient authority from the Bishop cathedral, & c . 

„ .. . . , ■wt~ktt.it •-. • .1 r i c without licence 

And by Article XXIII.it is not lawful for any f r o ro the 
man to take upon him the office of public preaching, T ^ s b ° p ,' awfull 
or ministering the sacraments in the congregation, called and sent. 
before he be lawfully called and sent to execute the 
same ; and those we ought to judge lawfully called 
and sent which be chosen, and called to his work, by 
men who have public authority given unto them, in the 
congregation, to call and send ministers unto the 
Lord's vineyard. 

And in order to his licence, he must produce his in order to his 

,, r . , m , licence what 

nomination inform aforesaid. 1 hen it must appear, is requisite, 
in the next place, that he is in holy orders ; and this 
must appear to the Ordinary, either of his own know- 
ledge, or by lawful testimony. And no person shall 
be admitted to officiate until proof shall first be made 
of his good life and learning. Lind. 47. and Burn, 
vol. 2, p. 61, 62. 

And in regard to the licence serving for any other 0ae licence 

.... ° " may serve in 

parish, or place within the diocese; it is laid down, ™y diocese. 
that although not enjoined by any express law, yet the 
same is very reasonable, being intended for the benefit 
of Curates, that having been once examined and ap- 
proved by the Ordinary, they shall not need to be at 
the expence of a new licence for any other place unto 
Which they shall remove within the diocese. Burn, 
vol. 3, p. 53 and 49. 

By Can. 36, no person shall be received into the subscriptions 

• • . , . , to be made pre- 

ministry, nor admitted to any ecclesiastical living, nor paratory to 
suffered to preach, to catechize, or to be a lecturer, or W 
reader of divinity in either University or in any Cathe- 
dral or Collegiate Church, city, or market town, parish 
ohurch, chapel, or any other place within this realm, 
except he be licenced, either by the Archbishop or by 



56 Of the Ministers and Chaplains [chap. IV, 

the Bishop of the diocese where he is to be placed, 
under their hands and seals, or by one of the two 
Universities under their seal likewise, and except he 
shall first subscribe to the three articles concerning the 
King's supremacy, the Book: of Common Prayer and 
the Thirty-nine Articles. 

By Can. '67, none licenced as is aforesaid to preach, 
read lecture, or catechize, coming to reside in any dio- 
cese, shall be permitted there to preach, read lecture, 
catechize or minister the sacraments, or to execute any 
other ecclesiastical function (by what authority soever 
he be thereunto admitted) unless he first consent and 
subscribe to the three articles before mentioned, in the 
presence of the Bishop of the diocese wherein he is to 
exercise such function. 

Readingin;nct And within two months after he is licenced he is to 

of conformity. ... 

read the morning and evening prayers, and to declare 
his unfeigned assent and consent thereto openly and 
publicly in church before the congregation as follows : 

" I, — , do here declare my unfeigned assent 

and consent to all and every thing contained and prescribed 
in and by the book intituled the Book of Common Prayer 
and administration of the Sacraments, and other rites and 
ceremonies of the Church, according to the use of the United 
Church of England and Ireland, together with the Psalter 
or Psalms of David printed as they are to be sung or said in 
churches, and the form and manner of making, ordaining, 
and consecrating of Bishops, Priests and Deacons." And 
within the same time to read the Thirty-nine Articles and 
declare his unfeigned assent thereto. In England, by 13 
and 14 Car. 2, c.4.(Act of Uniformity it is enacted that 
all and singul r ministers in any cathedral, collegiate or 
parish church, or chapel, or other place of public worship 
shall be bound to say and use the Morning Prayer, 
Evening Prayer, celebration and administration of both 
the Sacraments, and all other public and common pra- 
yer in such order and form as is mentioned in the said 
book, intituled as aforesaid, and annexed and joined to 



sect. II.] in the Diocese of Calcutta. 57 

this present act ; and that the Morning and Evening 
Prayer therein contained, shall, upon every Lord's Day, 
and upon all other days and occasions, and at the times 
therein appointed, be openly and solemnly read by all 
and every Minister or Curate in every church, chapel, 
or other place of public worship as aforesaid. § 2. 

And shall subscribe the declaration following, " 7, A. SSJJ^ 01 
** B. do declare that I will conform to the Liturgy of the 
" Church of England as it is now by law established." 
13 and 14 Car. 2, c. 4, § 8; 1 W. Sess. 1, c. 8, § 11. 

Which said declaration shall be subscribed before 
the Archbishop or Ordinary of the diocese (or his Vicar- 
General, Chancellor or Commissary, 15 Car. 2, c. 6, 
§ 5) on pain of forfeiting such office, place, promotion, 
or dignity, and being utterly disabled and ipso facto de- 
prived of the same, which shall be void, as if such person 
failing, were naturally dead. 13 and 14 Car. 2, c. 4,§ 10. 

And after such subscription made shall procure a And after de- 
certificate under the hand and seal of the respective the same. 
Archbishop or Ordinary of the diocese, (who shall make 
and deliver the same upon demand) and shall publicly 
and openly read the same, together with the said de- 
claration, upon some Lord's Day, within three months 
then next following, in his parish church, where he is 
to officiate, in the presence of the congregation there 
assembled, in the time of divine service, upon pain that 
every person failing therein (without some lawful 
impediment to be allowed and approved by the 
Ordinary of the place. 23 Geo. 2, c. 23) shall lose such 
place respectively, and be disabled, and, ipso facto, 
deprived thereof, and the same shall be void, as if he 
were naturally dead. §11. 

No person shall be promoted to any spiritual or Oaths to be 
ecclesiastical office or ministry whatsoever, unless he % licence! 1009 
takes the oaths of allegiance, supremacy, and abjura- 
tion. 1 Eliz. 1 ; and 1 W. c. 8; and finally, by 1 Geo. 1, 
c. 13, and 1 Geo. 2, c. 26. 

And the oath of canonical obedience is to be taken, if Canon>i obe- 
dience 

I 



58 Of the Ministers and Chaplains [chap. IV. 

required, concerning which, it is laid down, in Lind. 
110; " And if the said Priests shall presume to celebrate 
" divine service in such churches or chapels, until they 
" shall have taken such oath as required, they shall 
" thereby incur irregularity, besides the other penalties 
" which the canons inflict upon the breakers of holy 
" constitutions." And " if the said Curates being so 
" sworn as aforesaid, before a competent judge, shall 
" be convicted of having broken their oath, they 
" shall be entirely removed, and as perjured persons, 
" shall be interdicted from the celebration of divine 
" offices, until they shall be canonically dispensed 
" withal." Burn. vol. 2, page 64, 65. 

Having premised the foregoing particulars, as being 
applicable to the Indian diocese, the following instruc- 
tions to the Clergy of that diocese, are now subjoined. 



SECTION III. 

Instructions to the Clergy on arrival in the Indian Diocese 
for obtaining Licences to officiate, and other information 
concerning the Ministers and Chaplains thereof. 



instructions EVERY Clergyman, coming into the Indian Diocese, 

for obtaining . . ... 

licence to offi- is expected to report himself to the Bishop, or in his 

Indian Diocese, absence, to the Archdeacon, or Commissary; upon 

which occasion, and with reference to obtaining the 

Bishop's licence to officiate, to give in his name, also 

his academical degree, if any ; then the permission 

from the proper authorities, to reside in India ; his 

letters of orders, his nomination or appointment ; and 

such other testimonials as he may have ; and if other 

than a Company's Chaplain, a document certifying by 

whom he is retained and maintained in his office. 

company's It may not be improper to remark, that an opinion 

SSgSittai- at present prevails, that the production to the Bishop 

sials " of Calcutta, by a Company's Chaplain, of his nomi- 



sect. III.] in the Diocese of Calcutta. 59 

nation to that appointment by the Court of Directors, 
and his letters of orders, are all that can be required 
of him by that Bishop; but, as the canons expressly 
ordain, that no Clergyman shall be received in another 
diocese, without letters commendatory from the 
Bishop of the last diocese, from whence he removed, 
it is submitted, that the production by a Chaplain 
simply of his nomination by the Company and his 
letters of orders, both of which may be of a date 
long antecedent, can hardly be presumed, at this day, 
to be a sufficient title for the Bishop's licence, with- 
out the addition of some continuing testimonial from 
his last to the new Diocesan, under whom, or in whose 
diocese he is to serve : at all events, letters commen- 
datory from the Bishop of London, by or before whom 
his credentials are examined, to enable him to become 
a candidate for the appointment of Chaplain, could 
never be superfluous in reference to the Bishop of this 
diocese. 

The testimonials or other papers of the Clergyman Testimonials 

. . being approved, 

to be licenced, being exhibited and approved, which 
should be signed by the Registrar, and the nomination 
(if a Chaplain) from the local Government, received, 
the Bishop, or his Commissary, orders the Registrar to 
prepare the proper documents for licensing the party ; 
which consist, 1st, of the license ; 2nd, the certificate of 
the usual subscriptions; 3d, the certificate of con- 
formity ; and 4th, the subscriptions written in the 
Registrar's book ; for all which, and the oaths, See last 
section of this Chapter ; and if licenced by Commission, 
See also the same section for the Forms. 

It may not be unnecessary to notice, that Bishop 
Middleton licenced every Chaplain to a particular 
station ; his chief reason for which, was, not only to 
secure to the station all the ecclesiastical advantages 
arising therefrom, but to compel the permanent resi- 
dence of the Minister. If, afterwards removed, or 
the Chaplain succeeded to another station, he invariably 



60 Of the Ministers and Chaplains [chap. IV. 

indorsed his licence " removed with our consent/ 7 
which he always signed ; nor did that Bishop ever allow 
a Chaplain to be absent from his duty, so as to inter- 
fere or stop the performance of the regular service at 
the church, or public place of worship, on Sundays, 
without permission, except in cases of sickness or other 
unavoidable necessity. 

After the arrival of Bishop Heber, the latter Prelate 
(if a station had no proper Church) added the term 
" district" to that of " station" in the licence, as being 
of a less restricted nature. The usual indorsement 
as adopted by Bishop Middleton was then also drop- 
ped ; the local authorities having directed, that all 
applications for leave of absence should be made, in 
future, through the Bishop ; who was also made ac- 
quainted with every removal and nomination, of the 
Chaplains, made by the Government, to the different 
stations. 

The reasons alleged by Bishop Heber for making the 
above alteration were, that the Chaplains, by being 
licenced to districts as well as stations would be at 
liberty to make parochial visitations ; and preach on 
alternate, or stated Sundays, at different places, within 
the great extent of circuit of their appointments, instead 
of confining their ministrations and services all the 
year, to one part only. 
Licences of With regard to the licences of such native ministers, 

Missionaries. as missionaries, who had been ordained, for purposes 
within the diocese of Calcutta, Bishop Heber, in one or 
two instances, granted them his licence, conditionally, 
to preach and perform the office of a minister within a 
certain district and in a particular language, 
when party to The licence being prepared as above, the party to 
attend. ^ e ii cenceo l receives notice when to attend upon the 

Bishop, or Commissary, for that purpose ; and after 
being licenced, the licence and other papers are di- 
rected to be registered ; and are afterwards called for, 
at the Registrar's, by the Minister or Chaplain ; who, 



sect* III.] in the Diocese of Calcutta. 61 

in the opinion of Bishop Middleton, ought within two 
months after arrival, at the station, to read the certi- 
ficate of the subscriptions and oaths ; and the certificate, 
of the declaration of conformity, in the church at the 
station, as laid down in the second section of this 
chapter. 

By an order of Bishop Middleton, Ministers and when licenced, 

. _ .. to pre tic h once 

Chaplains, arriving at the archdeaconry of Calcutta, at the Cathe- 
and being licenced, are appointed, before they proceed 
to their station, to preach once at the Cathedral. Re- 
gistrars office, 1th January 1815. 

It has already been observed, that the prior right is The right of 
given to the Honorable Company's Chaplains of being cLpiainTtobe 
collated to the archdeaconries of Calcutta, Madras, and Archdeacons, 
Bombay, by the letters patent of the 2d of May lb 14. g^**^ 
By the4thGeo.4, cap. 71, it is enacted, also/' that if any 
" person residing any time in the East Indies or parts 
" aforesaid, as one of the Chaplains of the said United 
" Company shall have been or shall be appointed to the 
" office of such Archdeacon as aforesaid, and shall have 
" resided in the East Indies or parts aforesaid as such 
" Archdeacon, seven years, the period of residence of 
" such person as Chaplain, shall be accounted and 
" taken, as and for a residence as such Archdeacon, in 
" the proportion of three year's residence as such Chap- 
" lain, to two years residence as such Archdeacon ; 
" provided also, that nothing therein contained shall 
" extend or be construed to extend to prejudice the 
" right of any person, being or having been a Chaplain 
" of the said United Company, or their Court of Di- 
" rectors ; nor to prejudice or affect the right of the 
" said United Company or their Court of Directors, to 
" make, repeal, vary, or alter, any regulations res- 
" pecting the Chaplains of the said United Company 
u or the pay, allowances, pensions, or retirements of 
" such Chaplains, which the said United Company or 
" their Court of Directors, may now lawfully make, 
" repeal, vary or alter." Appendix, Extracts from \ \th 
Geo. 4, cap, 71. 



siastical pro 
ceedings 



62 Of the Ministers and Chaplains [chap. IV. 

The Honorable Company's Chaplains are directed to 
make all applications for leave of absence to the Go- 
vernment, through the Bishop, or in his absence, 
through the Archdeacons or Commissaries. Govt. Reg. 
Appendix. 

soldiers Libra- Adverting to what are denominated military sta- 
tions, in the archdeaconry of Calcutta, and in reference 
to soldiers libraries for the same, See the Government 
Letter thereon, Appendix. 

Different eccie- For the different ecclesiastical proceedings, in the 
Diocese of Calcutta, in which the Ministers and Chap- 
lains are concerned, and may wish for information 
they are referred to chapter second, herein on the 
Installation of the Bishop of Calcutta, to chapter third, 
on the Institution, and Induction, of the Archdeacons. 
And for proceedings upon Ordination, Confirmation, 
and Visitation, to the respective chapters on those subjects. 
Any particulars also, which may be required, for 
obtaining the consecration of a church ; or a licence to 
perform public worship, in a chapel until consecrated ; 
and the different instruments thereon, will be found in 
Chapter eight; which contains likewise, a few sugges- 
tions intended for the use of the Clergy, respecting 
their churches generally, in the Indian diocese, in 
reference to the appointment of clerks ; and obtaining 
books, plate, surplices and other requisites, concerning 
the same. 

It has been usual for the different Ministers and 
Chaplains, on their return to England ; or becoming 
entitled to pensions, to take home letters testimonial, 
from the Bishop ; or in his absence, to obtain them 
from the Commissary, under the episcopal seal ; which 
letters testimonial, unless any objection appears, are 
seldom refused, as the want of them in England, for 
procuring Church preferment, or pensions, might pos- 
sibly, from the extreme distance of the Indian diocese, 
subject the parties to very serious delay, and incon- 
venience. In reference also to such Letters Testimonial, 
the Chaplains are referred to the Govt. Reg. Appendix. 



Letters testi 
monial. 



sect. IV. J in the Diocese of Calcutta. 63 

SECTION IV. 

Of the Duties of the Ministers and Chaplains in the Indian 
Diocese , after Licence ; and the legal Liabilities and 
Privileges of the Clergy in general. 

The preceding instructions having been premised, 
the clerical duties of the Clergy, generally, as appli- 
cable, in the Indian Diocese, are now set forth, in the 
present and following sections. 

Bv Can. 38, if any Minister after he hath subscribed Omitting the 

J . Form oi Prayer 

to the Book of Common Prayer, shall omit to use the 
form of prayer, or any of the orders and ceremonies 
prescribed in the communion-book, let him be sus- 
pended ; and if after a month, he do not reform, and 
submit himself, within the space of another month, let 
him be deposed from the ministry. 

And by Can. 98, after any Judge ecclesiastical, hath 
pronounced judicially, against contemners of ceremo- 
nies, for not observing the rites and orders of the 
Church of England, or the contempt of public prayer, 
no Judge, ad quern, shall allow of his appeal, unless 
the party appellant do first personally keep and observe 
all the rites and ceremonies of the Church of England, 
as also the rescript form of Common Prayer, and do 
likewise subscribe to the same. 

A Clergyman in performance of divine worship, 
cannot alter or omit any part of it ; though if he do so 
from feelings of delicacy, it would extenuate the omis- 
sion ; nor can he give vent to his malevolence, by public 
addresses to obnoxious parishioners ; in a manner 
which amounts to reprehension, leading to quarrelling, 
and are attempts to make the Church a place of public 
dispute and confusion. Newbery v. Goodwin ; 1 Phill. 
Rep. 282. 

Bishop Middleton's sentiments on the above subject 
regarding the performance of the Service in the Indian 
Diocese, may be collected from the following extract, 
taken from his address on the opening of his Consistory 

t 



64 Of the Ministers and Chaplains [c h a p. I V, 

Court. " Another point on which it may be proper 
" to remark is, the obligation which binds every cler- 
" gyman not merely to use the Liturgy of the Church, 
" but to use it entire : as he is forbidden to make 
" substitutions or to add to it, so he is liable to cen- 
" sure if he presume to omit any portion of whit the 
" Rubrics have directed to be used. It seems not 
" always to be considered that the Rubrics have the 
*\ validity of an act of Parliament, having been repeat- 
" edly so recognized ; and if it were otherwise, it would 
" be difficult to understand how any Clergyman could 
" fulfil his solemn declaration made before the Ordi- 
" nary, and repeated in the presence of his flock, 
" that he ' will conform to the Liturgy of the Church of 
" England as it is now by law established,'' if he omit 
" any portion of it, when the same sanction has been 
** given to the whole," See page 111, herein. 

A Bishop may suspend a Minister wholly if he is 
irregular, till he submits to perform his duty properly. 
Trebec v. Keith, 2 Alt. 499 ; H. 1742. 
Preaching. Can. 45, every beneficed man allowed to be a 

preacher, having no lawful impediment, shall in his 
cure, or else as that Canon directs, preach one ser- 
mon every Sunday of the year. 

Anciently it was laid down, every Priest should, 
on proper occasions in the year, preach and explain 
(besides all the articles of the christian faith), the ten 
commandments ; the two evangelical precepts ; the 
seven works of mercy ; the seven deadly sins, with 
their consequences ; the seven principal virtues ; and 
the sacraments and other ministrations and rites. The 
ten commandments were laid down to be the precepts 
of the Old Testament ; to these, the Gospel addeth two 
others, to wit, the love of God and of our neighbour; 
of the seven works of mercy, six were collected out of 
the Gospel of St. Mathew, to wit, to feed the hungry, 
to give drink to the thirsty, to entertain the stranger, 
to clothe the naked, to visit the sick, and to comfort 
those that are in prison ; and the seventh was gathered 



sect. IV.] in the Diocese of Calcutta. 65 

out of Tobias, to wit, to bury the dead. The seven 
deadly sins are, pride, envy, anger or hatred, slothful- 
ness, covetousness, gluttony and drunkenness, luxury. 
The seven principal virtues are, faith, hope, charity; 
which respect God ; prudence, temperance, justice, for- 
titude ; with regard unto men, and the sacraments, 
baptism and the supper of the Lord. Lind. 1, 43, 54. 

With regard to dress, the canonical habit (properly ** abit f at V* 
speaking), is that which is enjoined by the Canons of the Ministry. 
Church, and for which, in particular, the reader is re- 
ferred to Can. 58 and 74, and the Rubric. But it is to be 
observed on this subject, that in a matter so fluctuating 
as that of dress, it is impossible to lay down rules for 
apparel in one age, which will not appear ridiculous in 
the next. In such case, the general rule can only be, 
that clergymen shall appear in habit and dress such as 
shall comport with gravity and decency, and to have 
them known to the people, and thereby to receive the 
honor and estimation due to the special messengers and 
ministers of Almighty God. 

By Article 26, of unworthiness, it is declared, Unworthincss. 
that, although in the visible church the evil be ever 
mingled with the good, and sometimes the evil have 
chief authority in the ministration of the word and 
sacraments, yet, forasmuch, as they do not the same 
in their own name, but in Christ's, and do minister 
by his commission and authority, we may use their 
ministry, both in hearing the word of God, and in the 
receiving of the sacraments : neither is the effect of 
Christ's ordinance taken away by their wickedness, 
nor the grace of God's gifts diminished from such, as 
by faith, and rightly, do receive the sacraments 
ministered unto them ; which be effectual, because 
of Christ's institution and promise, although they 
be ministered by evil men. Nevertheless, it apper- 
tained to the discipline of the church, that enquiry 
be made of evil ministers ; and that they be accused 
by those that have knowledge of their offences ; 



66 Of the Ministers and Chaplains [chap. IV-. 

and finally, being found guilty by just judgment, be 

deposed. 
Reviling and Concerning the offence of reviling the ordinances of 
thfordiialces the church; " this," says Judge Blackstone, "carries 
of the church. (t ^^ jj ^ ie u t mos t indecency, arrogance, and ingra- 

"titude; indecency, by setting up private judgment 
" in virulent and factious opposition to public autho- 
" rity ; arrogance, by treating with contempt and 
" rudeness what has at least a better chance to be 
"right than the singular notions of any particular 
" man; and ingratitude, by denying that indulgence 
" and undisturbed liberty of conscience to the mem- 
" bers of the national Church, which the retainers 
"to every petty conventicle enjoy. However, it is 
"provided by statutes 1 Edw. VL, Car. 1, and 1 Eliz. 
" cap. 1, that whoever reviles the sacrament of the 
" Lord's Supper shall be punished by fine and impri- 
" sonment, and by the statute 1 Eliz. c. 2. if any 
" Minister shall speak any thing in derogation of the 
" Book of Common Prayer, he shall, ifnot beneficed, 
4( be imprisoned one year, for the first offence, and for 
" life, for the second; and if he be beneficed, he shall 
" for the first offence, be imprisoned six months, and 
" forfeit a year's value of his benefice; for the second 
" offence, he shall be deprived, and suffer one year's 
" imprisonment ; and for the third, shall in like manner 
" be deprived, and suffer imprisonment for life. And 
" if any person whatsoever shall, in plays, songs, or 
" other open words, speak any thing in derogation, 
" depraving, or despising of the said book, or shall 
"forcibly prevent the reading of it, or cause any other 
"service to be used in its stead, he shall forfeit for 
" the first offence, an hundred marks, for the second 
"four hundred, and for the third, shall forfeit all his 
" goods and chattels, and suffer imprisonment for life. 
And again, " These penalties were framed, in the in- 
" fancy of our present establishment, and proved a 
" principal means, under Providence, of preserving the 



sect. IV.] in the Diocese of Calcutta. 67 

" purity, as well as decency, of our national worship, 

" nor can their continuance to this time (of the milder 

" penalties at least) be thought too severe and into- 

" lerant, so far as they are levelled at the offence, 

" not of thinking differently from the national Church, 

"but of railing at the Church and obstructing its ordi- 

" nances, for not submitting its public judgment to the 

" private opinion of others. For though, it is clear, 

" that no restraint should be laid upon rational and 

"dispassionate discussions, of the rectitude and pro- 

" priety of the established mode of worship, yet con- 

'• tumely and contempt are what no establishment can 

" tolerate."* Bla. Com. vol 4, p. 50. 

The canonical offences, are principally laid down in 
Can. 75, in the Appendix, to which the reader may refer. 

And by 1 H. 7, c. 4, as to the crime of adultery, Bishops to 
it shall be lawful for all Archbishops and Bishops, SLe^iests 
and other Ordinaries having episcopal jurisdiction, to & t r . H utei>> 
punish and chastise such priests, clerks, and religious 
men, as shall be convicted, before them, by examina- 

* It, has often been, of late years, matter of surprize, that no sufficient (if any) 
local regulations for the due observance of the Lord's Day in the city of Calcutta 
have ever been passed : and perhaps the author may be pardoned for giving in this 
place shortly, the remarks contained in the same work on the public expediency in 
general of such laws. 

" Profanation of the Lord's Day, vulgarly (but improperly) called Sabbath -break- 
ing is an offence against God and religion, punished by the municipal law of 
England. For, besides the notorious indecency and scandal of permitting any 
secular business to be publickly transacted on that day, in a country professing 
Christianity, and the corruption of morals which usually follows its profanation, the 
keeping one day in seven, holy, as a time of relaxation and refreshment as well as 
for public worship, is of admirable service to a state, considered merely as a civil 
institution. It humanizes, by the help of conversation and society, the manners of 
the lower classes, which would otherwise degenerate into a sordid ferocity, and 
savage selfishness of spirit : it enables the industrious workman to pursue his 
occupation in the ensuing week with health and cheerfulness : it imprints on the 
minds of the people, that sense of their duty to God so necessary to make them 
good citizens, but which yet would be worn out and defaced by an unremitted 
continuance of labour, without any stated times, of recalling them to the worship 
of their Maker. And therefore the laws anciently forbad, as they continue to do, 
under severe penalties, all merchandizing on the Lord's Day. Bla. Com. vol. 4, p. 63. 

It may be not wholly unworthy of remark, that in the contract with the builder 
of Bishop's College near Calcutta, a clause was inserted by the express orders o*" 
Bisbop Middleton, prohibiting the natives and others employed'from working thereon 
on Sundays. 



68 Of the Ministers and Chaplains [chap. IV. 

tion and other lawful proof, requisite, by the law of 
the Church, of adultery, and fornication. 
Carrying on By 57 Geo. 3, cap. 99, 4 3, no spiritual person, 

traffic or trade. ,,,,,. , f V ' , '■ . 

snail by himself or another to his use, engage in, or 
carry on any trade or dealing for gain, or deal in 
any goods or merchandize by buying and selling for 
profit, in any fair or market, on pain of forfeiting the 
value of such goods bargained or bought to sell again, 
contrary to this act, and every bargain and contract, 
so made by him, or by any person to his use, contrary 
to this act, shall be void; and the one half of every 
such forfeiture shall go to His Majesty, and the other 
half to him that will sue for the same. 
How licences And by Johns. 88, also in Burn, vol. 2, p. 64, it is laid 

may be revoked 

&c down, that Bishops may summarily revoke all licences 

granted to any Curate or Minister employed in their dio- 
cese or subject to their jurisdiction ; and the 36 Geo. 3, 
c. 38, and 6, declares that, " whereas it is expedient that 
" the authority of Ordinaries to licence Curates, should 
" be further explained, enlarged, and confirmed, " and 
after enacting, " that it shall be lawful for the Ordinary 
" to licence any Curate, who is or shall be actually 
" employed by the Rector, Vicar or other incumbent, of 
" any parish church, or chapel, although no express 
" nomination of such Curate shall have been made, 
" either in words or in writing," to the Ordinary, by the 
said Rector, Vicar or other incumbent, provides that 
the Ordinary shall have power to revoke summarily 
and without process, any licence granted to any Curate 
within his jurisdiction, and to remove such Curate^ 
for such good and reasonable cause as he shall 

fppeai. tt0an approve; subject, nevertheless, to an appeal, as well in 
the case of a grant of a licence to a Curate who has 
not been nominated, as in the revocation of a licence 
granted to a Curate ; such appeal to be made in either 
case to the Archbishop of the province,* and to be 

* In the diocese of Calcutta, all appeals are to be made to his Majesty's Commis- 
sioners delegate, and not to the Archbishop of the Province. See chapter X. 



sect. IV.] in the Diocese of Calcutta. 69 

determined in a summary manner. See also 57 Geo. 3, 
§ 69. And also may displace or remove such Curate 
by withdrawing his licence on reasonable cause, subject 
to appeal to be determined in a summary way, without 
formal process of law. Johns. 88. 

Every Bishop, who shall grant or revoke any 
licence, shall cause a copy of such licence or revoca- 
tion to be entered in the registry of the diocese. 
Burn, vol. 2, p. 64, and 57 Geo. 3, cap. 99, § 70. 

Lastly, clergymen may be deprived or punished, How otherwise 

., J n , • , •■'•-, • • -i deprived, &c. 

either, first, by sentence in the ecclesiastical courts, 
for fit and sufficient causes allowed by the canon law, 
such as attainder of treason, or felony. Dyer, 108. Jenk, 
210. On conviction of other infamous crime, in the King's 
Courts, for heresy, infidelity, (Fitz. Ab. title Trial, 54.) 
gross immorality, and the like ; or secondly, for main- 
taining any doctrine in derogation of the King's 
supremacy, or of the Thirty-nine Articles, or of the 
Book of Common Prayer, statute 1 Eliz. c. 1, 2, 
and 13 Eliz. c. 12; And for neglecting after institution, 
to read the Liturgy and articles in the Church, or make 
the declarations against popery, or take the abjuration 
oaths, also statute 13 Eliz. c. 12, 13 and 14, C. 2, c. 4, 
and 1 Geo. 1, st. 2, c. 6; And for using any other 
form of prayer than the Liturgy of the Church of 
England. Stat. 1 Eliz. c. 2. 

A clergyman cannot be compelled to serve on a Exemptions 
jury. 2 Inst. 4. But if a layman is summoned on a ilnhe 1 clergy* 
jury, and before the trial, takes orders, he shall, notwith- 
standing, appear, and be sworn. 4 Leon. 190. A clergy- 
man cannot be chosen to any temporal office as bailiff, 
reeve, constable, or the like, in regard of his own 
continual attendance on the sacred function. Finch, L. 
88. During his attendance on divine service he is 
privileged from arrests, in civil suits, for a reasonable 
time; " eundo, redundo et morando," to perform 
service. 



70 Of the Ministers and Chaplains [chap. IV. 



SECTION V. 



Of the Duties of the Ministers and Chaplains in the 
Indian Diocese, in reference to the Ministration and 
Law of Marriage. 



British subjects BRITISH subjects resident in a British settlement 

abroad govern- J 

ed in respect of abroad, are governed with respect to marriage, bv the 

marriage by ! 

the canon law. law which existed before the marriage acts, viz. the 
canon law. Lautour v. Teesdale, 2 Marsh. Hep. 243. 
8 Taunt. 830. S. C. A. B. 1816; also Burn, 8 edit. 
No minister vol. 2, 476. And by Can. 62. " No minister, upon pain of 
suspension L " suspension for three years, ipso facto, shall celebrate 
lebratematri" " matrimony between any persons, without a faculty or 
iTenceor huUt " licence, or without banns published; neither shall any 
banns. c< m i n i s ter, upon the like pain, under any pretence 

Joifemnizemar- " whatsoever, join any persons so licenced in marriage, 
pafttesHwnTed " at a7iy unseasonable times, bxxt only between the hours of 
b X tween tie " e i»ht an ^ twelve in the forenoon, nor in any private 
Lours of 8 << place, but either in the churches, or chapels, where 

and 12 in the 1 » .... 

forenoon. << one of them dwelleth, and likewise in time of divine 

private pkee, "service; nor when banns are thrice asked (and no 

dmrcVof one " licence in that respect necessary) before the parents 

of the parties. « QY g 0vernors f the parties to be married, being under 

without con- " the age of twenty and one years, shall either per- 
if e plr ties ? unde S r " sonally, or by sufficient testimony, signify to him their 

21 ' " consent given to the said marriage." 

b1\ r oiemn£d By a constitution of Archbishop Reynold's; matri- 

in the face of mon y shall be solemnized reverently and in the face of 

the church. J . J 

the church. Lind. 271. 
And at no other jyj r Johnson says, it was an ancient custom that 

church than the J 

church to marriage should be performed in no other church, 

which the . t '- 

woman belongs but that to which the woman belonged as a pa- 

er, a & c a . nS rishioner ; and therefore to this day the ecclesiastical 

law allows a fee due to the curate of that church, 

whether she be married there or not. Johns. 188, 189. 

On licence q p T antin£ licences, oath is made (and in the dioceses 

oath is taken. o o * 

in England, bond is to be taken) that there are no 



sect. V.] in the Diocese of Calcutta. 71 

impediments of precontract, consanguinity, want of 
consent, and the like, nor any suit or controversy 
depending in any ecclesiastical Couit touching any 
contract of marriage of either of the parties, with any 
other. Trie licences should state also, that the mar- 
riage should be openly solemnized in the parish church, 
where one of the parties dwelleth, or other church, 
between the hours of eight and ten in the morning. 

The power of dispensing with banns, was exercised Of licence. 
by Archbishops and Bishops, long before the 25 H. 8, 
c. 21, by which statute all Bishops are allowed to 
dispense as they were wont to do. Johns. 194. 

Canon 101, expressly declares, thatlicences of mar- 
riage shall be granted only by such as have episcopal 
authority, or the Commissary for faculties, Vicars- 
general of the Archbishops, and Bishops, (i sede plena''' 
or " sede vacante? the guardian of the spiritualties, or 
ordinaries exercising of right episcopal jurisdiction. And 
again, under Canons 62 and 63, no minister upon pain 
of suspension per triennium, ipso facto, shall celebrate 
matrimony without a faculty or licence, granted by some 
of the persons, as in such constitutions is expressed. 

And for avoiding of all fraud and collusion in the 
obtaining of such licences and dispensations ; before 
such licence shall be granted, it shall appear to the 
Judge by the oaths of two sufficient witnesses, one of 
them to be known either to the Judge himself or to 
some other person of good reputation then present, and 
known likewise to the said Judge that the express 
consent of the parents or parent (if one of them be 
dead) or guardians or guardian of the parties, is there- 
unto had and obtained ; and furthermore, that one of 
the parties shall personally swear that he believeth 
that there is no let or impediment of precontract, 
kindred, or alliance, or of any other lawful cause what- 
soever, nor any suit commenced in any ecclesiastical 
Court, to bar or hinder the proceeding of the said 

t 



72 Of the Ministers and Chaplains [cha*. IV. 

matrimony, according to the tenor of the aforesaid 
licence. Can. 103. 

But if both the parties which are to marry being in 
widowhood, do seek a faculty for the forbearing of 
banns, then the clauses beforementioned, requiring the 
parents consent may be omitted, but the parishes 
where they dwell both shall be expressed in the licence, 
as also the parish named where the marriage shall be 
celebrated, and if any Commissary for faculties, Vioars- 
general, or other the said Ordinaries shall offend in the 
premises, or any part thereof, he shall for every time 
so offending be suspended from the execution of his 
office for the space of six months, and every such 
licence or dispensation shall be held void to all effects 
and purposes, as if there had never been any such 
granted, and the parties marrying by virtue thereof 
shall be subject to the punishments which are ap- 
pointed for clandestine marriages. Can. 104. 

Which Canon declaring the licence void to all effects 
and purposes as if there had never been any such 
granted, seemeth to render it a matter of great impor- 
tance in all cases that the aforesaid pre-requisites be 
strictly observed. 

And by the present ecclesiastical law of England 
no person shall after the 22d of July 1822, be 
deemed authorized by law to grant any licence for 
marriage except the Archbishops of Canterbury and 
York, according to the rights now vested in them 
respectively, and the other Bishops within their res- 
pective dioceses, for the marriage of persons, one of 
whom is to be resident at the time within the diocese 
of the Bishop in whose name such licence is granted ; 
such residence to be proved as the marriage act directs.* 

And the marriage act at present declares, that 
if any caveat be entered against the grant of any 
licence for a marriage, which caveat being duly signed 
by or on behalf of the person who enters the same, 

* Stat. ^Qqo.% c.76*$11, 



sect. V.] in the Diocese of Calcutta. 73 

together with his place of residence, and the ground 

of objection on which his caveat is founded, no licence 

shall issue till the said caveat or a true copy thereof, 

be transmitted to the Judge out of whose office the 

licence is to issue, and until the Judge has certified 

to the Registrar that he has examined into the matter of 

the caveat, and is satisfied that it ought not to obstruct 

the grant of the licence fur the said marriage, or until the 

caveat be withdrawn by the party who entered the same. 

And by the marriage act* above referred to 
" for avoiding all fraud and collusion in obtaining of 
licences for marriage" it is enacted, that before any 
such licence be granted, one of the parties shall per- 
sonally swear before the surrogate, or other person 
having authority to grant the same, that he or she 
belie veth that there is no impediment of kindred or 
alliance, or of any other lawful cause, nor any suit 
commenced in any ecclesiastical Court to bar or hin- 
der the proceeding of the said matrimony according to 
the tenor of the said licence, and that one of the said 
parties hath, for the space of fifteen days, immediately 
preceding such licence, had his or her usual place of 
abode within the parish or chapelry within which such 
marriage is to be solemnized ; and where either of the 
parties not being widow shall be under the age of 
21 years, that the consent of the person or persons 
whose consent to such marriage is required under the 
provisions of this act has been obtained thereto : 
provided always, that if there shall be no such person 
or persons having authority to give such consent, then 
upon oath made to that effect by the party requiring 
such licence it shall be lawful to grant such licence 
notwithstanding the want of any such consent. 

And further, that no surrogate deputed by any 
ecclesiastical Judge who hath power to grant licences 
of marriage, shall grant any such licence befdre he hath 

■* Stat. 4 Geo. 4, c. 76, $14*. 

t 



74 Of the Ministers and Chaplains [chap. IV. 

taken an oath before the said Judge (or before a com- 
missioner appointed by commission under seal of the 
said Judge, which commission the said Judge is hereby 
authorized to issue) faithfully to execute his office 
according to law to the best of his knowledge, and hath 
given security by his bond in the sum off. 100 to the 
Bishop of the diocese, for the due and faithful execu- 
tion of the said office.* 

And that, whenever a marriage shall not be had 
within three months after the grant of a licence by 
any Archbishop, Bishop, or Ordinary, or person 
having authority to grant such licence, no Minister 
shall proceed to the solemnization of such marriage 
until a new licence shall have been obtained, unless 
by banns duly published according to the provisions 
of the act. 
of banns. By tne ordinances of the Church, when persons 

are to be married, the banns of matrimony shall be 
published in the Church where they dwell, three 
several Sundays or holidays, in the time of divine 
service ; and if at the day appointed for the marriage, 
any man do allege any impediment, as precontract, 
consanguinity, or affinity, want of parents consent, 
infancy, or the like, why they should not be married, 
(and become bound with sufficient securities to prove 
his allegations) then the solemnization must be deferred 
until the truth is tried. Rubrick. 

The intention of the publication of banns, is, to 
make known that a marriage is about to take place 
between the individual parties: If therefore the pub- 
lication is such, as not to designate, but conceal the 
parties, it is no designation. Fellows v. Stewart, 2 Phill. 
Rep. 238, Reynolds. Whilst the marriage is contract- 
ing, the Minister shall enquire of the people by three 
public banns, concerning the freedom of the parties 

* Persons applying for licences of marriage, from the interior of the Indian Diocese 
should give in their names, and places of residence ; and if both, or either of them 
are under the age of twenty-one years, the names of their next friends or guardians ; 
and where and by whom the marriage is to be solemnized. 



sect. V.] in the Diocese of Calcutta. 75 

from all lawful impediments. Lind. 271. And now no 
Minister solemnizing marriages between persons under 
age after banns published shall be punishable for 
solemnizing such marriages without consent of parents 
or guardians, unless he shall have had notice of the 
dissent. And if such dissent is declared, such pub- 
lication of banns shall be void. 4 Geo. 4, c. 76. 

And where the parties dwell in divers parishes, 
the Curate of the one parish shall not solemnize ma- 
trimony between them, without a certificate of the 
banns being thrice asked from the Curate of the other 
parish. Rubrick. 

The form of which certificate, in the diocese of 
Calcutta, may be to this effect : 



s t I do hereby certify that the banns of marriage between A. B. of Form of certi- 

,. . ficateoftbe 

district 1 publication of 

— in the •{ or > of in the banns in tbe 

Indian diocese. 



C district "J 

< or iof 

t town ) 



{ 



" archdeaconry of and C. D. of in the 

' district } 

or J- of have been duly published in the 

' town ) 

" of at aforesaid, on three several Sun- 

" days, to wit the day of the day 

" of and the day of now last past, 

" and that no cause or just impediment hath been declared why they 
" may not be joined together in holy matrimony. 

'* Witness my hand this day of 18 — — 

" A. B. Minister and Chaplain of " 

For the form, and particulars of the solemnization of 
marriage* the reader may consult Bum. vol. II, p. 478. 



the 



The following is a brief summary of the laws and canons, General su 
relating to marriage, and may not be superfluous under laws and canons 
the present section or be found wholly useless for general riage. 
reference. 
As to the solemnization of marriage, this is regulated Ai ? t0 . the . 

° ' ~ solemnization 

by the laws and customs of the nation, where we of marriage. 

* Tbe marriage act declares all marriages sball be solemnized in tbe presence 
of two or more credible witnesses, besides tbe Minister, wbo shall respectively 
sign their attestation thereof. 



?6 Of the Ministers and Chaplains [chap. IV. 

reside ; and every state allows privileges to the parties 
it deems expedient, and denies legal advantages to 
those who refuse to solemnize their marriage in the 
manner the state requires, but they cannot dissolve a 
marriage celebrated in another manner; marriage 
being of divine institution, to which only a full and 
free consent of the parties is necessary. 
sofemnfzed bv Marriages by Romish priests, whose orders are 
Romish priests, acknowledged by the church of England, are deemed 
to have the effect of a legal marriage in some instances ; 
but marriages ought to be solemnized according to the 
' rites of the church of England, to entitle the parties 
to the privileges attending legal marriages, as dower, 
thirds, and the like. But it has been decided, that 
where two British subjects, being Protestants, were 
married at Madras, by a Portuguese Roman Catholic 
Priest, according to the Romish form in the Portuguese 
language, in a private room, the same is a valid mar- 
riage, though without the licence of the Governor, 
which it is there the custom to obtain. Lautour v. 
Teesdale, 2 Marsh. Rep. 243 ; 8 Taunton, 830 ; S. C. 
A, B. 1816, and Bum. 8 edit, vol 2, 476. 
Ought not to Marriages were prohibited in Lent, and on fasting 
in Lent?™ 1 days, because the mirth attending them was not 
suitable to the humiliation and devotion of those 
times, yet persons mi D ht marry with licence, in Lent, 
although the banns of marriage might not then be 
published. Tom. Ed. Ja. 
Marriage in the Taking marriage in the light of a civil contract, the 

light of a civil ° . 

contract to be law treats it as it does all other contracts ; allowing it 
wWeparVes to be good and valid in all cases, where the parties, at 
the time of making it, were, in the first place, willing 
to contract ; secondly, able to contract ; and lastly, 
actually did contract, in the proper forms and solemni- 
ties required by law. 1 Comm. c. 15, p. 433. 
willing, First, they must be willing to contract ; " consensus 

non concubitus facit nuptias," is the maxim of the 
civil law in this case ; and it is also adopted by the 
common lawyers. 1 Inst. 33. 



sect. V.] in the Diocese of Calcutta. 77 

Secondly, they must be able to contract; in general ■jf'"^ 0B j7" 
all persons are able to contract themselves in marriage, tra ct. 
unless they labour under some particular disabilities 
and incapacities. 

These disabilities are of two sorts ; first, such as are Canonical 
canonical, and therefore sufficient by the ecclesiastical 
law to avoid the marriage in the spiritual court ; but 
these in our law only make the marriage voidable, and 
not ipso facto void, until sentence of nullity be obtained ; 
of this nature are pre-contract, consanguinity, or rela- Precontract, 
tion by blood; affinity, or relation by marriage; and Consangumity 
some particular corporeal infirmities. These canonical tjby°mar?uge] 
disabilities are either grounded upon the express wqrds ^Sct, 6 * 1 
of the divine laws, or are consequences plainly deduci- 
ble from thence ; it therefore being sinful in the persons 
who labour under them to attempt to contract matri- 
mony together, they are properly the objects of the 
ecclesiastical justice's coercion; in order to separate the 
offenders and inflict penance for the offence, pro salute 
animarum. But such marriages not being void ab initio, 
but voidable only by sentence of separation, they are 
esteemed valid for all civil purposes, unless such se- 
paration is actually made during the life of the parties. 
For after the death of either of them the courts of 
common law will not suffer the spiritual court to declare 
such marriages to have been void ; because that de- 
claration cannot now tend to the reformation of the 
parties. 1 Inst. 33, 2d Inst. 614. Therefore, when a 
man had married his first wife's sister, and after her 
death the Bishop's court was proceeding to annul the 
marriage, and bastardize the issue, the Court of King's 
Bench granted a prohibition quod hoc, but permitted^ 
them to proceed to punish the husband for incest. 
Salk. 548. 

These canonical disabilities being entirely within 
the province of the ecclesiastical courts, our books are 
perfectly silent concerning them. But there are a few 
statutes which serve as directories to those courts, 



78 Of the Ministers and Chaplains [chap. IT. 

©f .which it will be proper to take notice. By Stat. 32 
stat. 32 Hen. H.. 8, c. 38, it is declared that all persons may lawfully 
8 < c ' 38 ' marry but such as are prohibited by God's law, and that 

all marriages contracted by lawful persons in the face 
of the church, and consummate With bodily knowledge 
and fruit of children, shall be indissoluble. And (because 
in the times of popery a great variety of degrees of 
kindred were made impediments to marriage, which 
impediments however might be bought off for money), 
it is declared by the same statute, that nothing, God's 
law except, shall impeach any marriage but within the 
Levitical degrees, the farthest of which is, that between 
uncle and niece. Gilb. Rep. 158. 
The prohibited The prohibited degrees are all which are under the 
consanguinky fourth degree of the civil law, except in the ascending 
the'4th S de U g n ree r anc * descending line ; and by the course of nature, it is 
]°aw h exce Vi tin scarce ty a possible case that any should marry his 
the ascending i SS ue in the fourth decree. But between collaterals it 

and descending m ° 

line. is universally true, that all who are in the fourth or any 

Collaterals in higher degree, are permitted to marry ; as first cousins 
higher degree, are in the fourth degree, and therefore may marry ; a 
may marry. ne p new an( j g re at aunt, or niece and great uncle, are 
also in the fourth degree, and may intermarry. Gibs. 
Cod. 413. 
The same The same degrees by affinity are prohibited. 

aSyprohl- Affinity always arises by the marriage of one of the 
parties related ; as a husband is related by affinity to 
to all the consanguinei of his wife ; and, vice versa, the 
wife to the husband's consanguinei; for the husband 
and wife being considered one flesh, these who are 
related to one by blood, are related to the other by 
affinity. Gibs. Cod. 412. Therefore a man after his 
wife's death cannot marry her sister : for though I be 
not directly forbid to marry my wife's sister, yet when 
God commands me, I shall not marry my brother's 
wife, by parity of reason, he forbids me to marry my 
wife's sister ; for there is the like analogy and proportion 
between one man and two sisters, and one woman and 



bited. 



sect. V.] in the Diocese of Calcutta. 79 

two brothers; nor can he marry his aunt, or niece 
But the consanguinei of the husband are not all related 
to the consanguinei of the wife. Hence, two brothers 
may marry two sisters; or father and son, a mother 
and daughter. If a brother and sister marry two per- 
sons not related, and the brother and sister die, the 
widow and widower may intermarry ; for though I am 
related to my wife's by affinity, I am not so to my 
wife's brother's wife, whom, if circumstances would 
admit, it would not be unlawful for me to marry. 
1 Comm.435; 1 Inst. 235. 

The son of a father by another wife, and daughter 
of a mother by another husband, cousins german, &c. 
may marry with each other : a man may not marry 
his brother's wife, or wife's sister, an uncle his niece, 
an aunt her nephew, &c. : but if a man take his sister 
to wife, they are baron mdfeme, and the issue are not 
bastards, till a divorce. Levit. c IS, 20, 2 Inst. 683, I 
Rol. Abr. 340, 357, 5 Mod. 448. 

A person may not marry his sister's daughter ; and 
a sister's bastard daughter is said to be within the 
Levitical law of affinity, it being morally as unlawful 
to marry a bastard, as one born in wedlock, and it is in 
nature ; and if a bastard doth not fall under the prohibi- 
tion ad proximum sanguinis non accedas, a mother may 
marry her bastard son. 5 Mod. 168, 2 Nels. Abr. 1161. 

There are persons within the reason of the prohibi- other prohibi- 
tion of marriage, though not mentioned, and must be fSSm 
prohibited ; as the father from marrying his daughter, "au^te?. 1 " 8 
the grandson from marrying the grandmother, &c. 
Vaugh. 321. 

The other sort of disabilities are those which are u&\ disabiu- 
created, or at least enforced by the municipal laws. SJS^a 

Thefirst of these legal disabilities is a prior marriage, l * ws 
or having another husband or wife living ; in which 
case, besides the penalties consequent upon it as a fe- 
lony, the second marriage is to all intents and purposes 
void. Br. Ab. title Bastard, pi. $. 



Prior marriage. 



80 Of the Ministers and Chaplains [chap. IV. 

Want of age. The next legal disability is want of age. If a boy 
under 14, or a girl under 12 years of age marries, this 
marriage is only inchoate and imperfect, and when 
either of them comes to that age, which is for thi§ 
purpose termed their age of consent, they may disagree 
and declare their marriage void, without any divorce 
or sentence in the spiritual Court. This is founded 
on the civil law. But the common law pays a greater 
regard to the constitution than the age of the parties, 
for if they are habiles ad matrimonium, it is a good 
marriage, whatever their age may be. And in law, it 
is so far a marriage, that if at the age of consent they 
agree to continue together, they need not be married 
again. Co. Lit. 79. If the husband be of years of dis- 
cretion, and the wife under twelve, when she comes 
to years of discretion, he may disagree as well as she 
may; for in contracts the obligation must be mutual, 
both must be bound or neither, and so it is, vice versa, 
when the wife is of years of discretion, and the hus- 
band under. Co. Lit. 79. 

Want of con- Another incapacity arises from want of consent of 
parents and guardians. By the common law, if the 
parties themselves were of the age of consent, there 
wanted no other concurrence to make the marriage 
valid; and this was agreeable to the Canon law, but 
by several ecclesiastical statutes penalties are laid on 
every Clergyman who marries a couple, either without 
publication of banns, (which may give notice to 
parents or guardians) ; or without a licence ; to obtain 
which, the consent of parents or guardians, must be 
sworn to. 

wantof reason. A fourth legal incapacity of contracting marriage is 
want of reason : without a competent share of which, as 
no other, so neither can the matrimonial contract be 
valid. 1 Rot. Abr.2b7, and stat. 51 Geo. 3, c. 37, for 
preventing the marriage of lunatics, under title Idiots 
and Lunatics. 

formed by a It is held to be also essential to marriage, that it be 

Priest in orders, 



s^ect. VI.] in the Diocese of Calcutta. 81 

performed by a person in orders. Salk. 19, Burr, 
Set. Ca. 232, 1 Wils. 74, though the intervention of 
a priest to solemnize this contract is merely " juris 
positivi" and not "juris naturalis aut divini ;" it being 
said that Pope Innocent 111. was the first who ordained 
the celebration of marriage in the church, before 
which it was totally a civil contract. Moor. 

On the whole, as the law now stands, it may be 
collected, that no marriage by the temporal law is, 
ipso facto, void, that is celebrated by a person in orders, 
in a parish or public chapel, (or elsewhere by special 
dispensation) in pursuance of banns, or a licence, be- 
tween single persons, consenting, of sound mind, and 
of the age of 21 years, or of the age of 14 in males, and 
21 in females, with consent of parents and guardians, 
or without, in case of widowhood. And no marriage 
is voidable, by the ecclesiastical law, after the death of 
either of the parties ; nor during their lives, unless for 
the canonical impediments of precontract (if that indeed 
still exists); of consanguinity, and of affinity, or cor- 
poreal imbecility subsisting previous to the marriage, 
1 Com. 440. 



SECTION VI. 



Of the Duties of the Ministers and Chaplains in the Indian 
Dioctse, in reference to the Ministration and Law of 
Baptism. 



Baptism is that Sacrament by which a person is Baptism of 
initiated into the Christian Church; the receiving of fant8, 
which is not limited generally to any time or age 
of life ; but it is laid down, however, that the baptism 
of young children is in any wise to be retained in the 



82 Of the Ministers and Chaplains. [chap. IV. 

Church, as most agreeable with the institution of 
Christ; Art. 27. 

The Curates of every parish shall often admonish 
the people, that they defer not the baptism of their 
children longer than the first or second Sunday next 
after their birth, or other holiday falling between, unless 
upon a great and reasonable cause, to be approved 
by the Curate. Ruhr. 
Private bap. The Curate of every parish shall often warn the 
people that without great cause and necessity, they 
procure not their children to be baptized at home in 
their houses. Ruhr. By Canon 69, in case of weakness 
and danger of death of any infant unbaptized in his 
parish, no Minister shall refuse or neglect to go and 
baptize the same. The reader is referred to that Canon 
and the Rubric for further information respecting private 
baptism. 
Public baptism. At first, Baptism was administered publickly, as 
occasion served, by rivers ; afterwards the baptistery 
was built, at the entrance of the church or very near 
it, which had a large bason in it, that held the persons 
to be baptized, and they went down by steps into it ; 
afterwards, when immersion came to be disused, fonts 
were set up at the entrance of churches. 1 Still. EccL 
Cases, 146. 
To be a font for Edmund. There shall be a font of stone, or other 

baptism in 

every church, competent material, in every church ; which shall be 
decently covered and kept, and not converted to other 
uses. Lind. 241. 

And by Canon 18, there shall be a font of stone in 
every church and chapel where baptism is to be 
ministered ; the same to be set in the ancient usual 
places ; in which only font, the Minister shall baptize 
publickly. 
Duties of the The people are to be admonished, that it is most 
pecuobapUsm. convenient that baptism shall not be administered 
but upon Sundays and other holidays, when the most 



sect. VL] in the Diocese of Calcutta. .83 

number of people come together ; as well for that the 
congregation there present may testify the receiving 
of them that be newly baptized, into the number of 
Christ's church, as also because in the baptism of 
infants, every man present may be put in remembrance 
of his own profession made to God in his baptism. 
Nevertheless, if necessity so require, children may be 
baptised upon any other day. Rubric. 

And by Can. 68, no minister shall refuse or delay Not to refuse 
to christen any child according to the form of the Ssm! ay ap ' 
Book of Common Prayer, that is brought to the Church 
to him, upon Sundays and holidays, to be christened 
(convenient warning being given him thereof before). 
And if he shall refuse so to do, he shall be suspended 
by the Bishop of the diocese, from his ministry, by 
the space of three months. 

When there are children to be baptised, the parents 
shall give knowledge thereof over night, or in the 
morning before the beginning of morning prayer, to the 
Curate Rubric. 

There shall be for every male child to be baptised, Tobefgodfa- 

thers &c. 

two godfathers and one godmother, and for every 
female, one godfather and two godmothers. Rubric. 

No parent shall be urged to be present, nor be Noparenttobe 
admitted to answer as godfather for his own child : g° dfather > &c - 

o than as pre- 

nor any godfather and godmother shall be suffered & cribed - 
to make any other answer or speech, than by the 
book of Common Prayer is prescribed in that behalf. 
Neither shall any person be admitted godfather or 
godmother to any child at christening or confirmation, 
before the said person so undertaking hath received 
the holy communion. Can. 29. 

And the godfathers and godmothers, and the people when t0 be 

. l l ready at the 

with the children, must be ready at the font, either font. 
immediately after the last lesson at morning prayer, 
or else immediately after the last lesson at evening 
prayer, as the Curate by his discretion shall appoint. 
Rubric. 



84 Of the Ministers and Chaplains [chap. IV 

And the Priest coming to the font, which is then 
to be filled with pure water,* shall perform the office 
of public baptism. Rubric. 
The form of The Priest, taking- the child into his hands, shall 
say to the godfathers and godmothers, name this 
child : and then naming it after them (if they shall 
certify him that the child may well endure it), he 
shall dip it in the water discreetly and warily, saying, 
I baptize thee, in the name of the Father, and of the 
Son, and of the Holy Ghost. Rubric. 

But if they certify that the child is weak, it shall 
suffice to pour water upon it. Id. 

Then the Minister shall sign the child with the sign 
of the cross. And to take away all scruple concerning 
the same, the true explication thereof, and the just 
reasons for the retaining of this ceremony, are set forth 
in the thirtieth Canon, 
in case of sick- Can. 69. If any minister being duly, without any 
manner of collusion, informed of the weakness and 
danger of death of any infant unbaptized in his parish, 
and thereupon desired to go or come to the place 
where the said infant remaineth, to baptize the same, 
shall either wilfully refuse so to do, or of purpose or of 
gross negligence shall so defer the time as when he 
might conveniently have resorted to the place and 
have baptized the said infant, it dieth through such 
his default unbaptized, the said minister shall be sus- 
pended for three months, and before his restitution 
shall acknowledge his fault, and promise before his 
Ordinary, that he will not willingly incur the like 
again, provided that where there is a Curate or a sub- 
stitute, this constitution shall not extend to the Parson 
or Vicar himself, but to the Curate or substitute pre- 
sent. 
Baptism of As to the baptism of those of riper years, the reader 

those of riper . . u* u * t» 

years. may consult the Rubric in the Common Prayer. 

As to fees. With regard to fees on baptism it is laid down as 

follows. 



tism. 



sect. VII.] in the Diocese of Calcutta. 85 

Langton. We do firmly enjoin that no sacrament of Fees for bapo 
the Church shall be denied to any one, upon the ac- 
count of any sum of money, because if any thing hath 
been accustomed to be given by the pious devotion of 
the faithful, we will that justice be done thereupon to 
the churches by the Ordinary of the place afterwards. 
[hath been accustomed to be given.'] 
That is, of old and for so long time as will create a 
prescription, although at first given voluntarily. For 
they who have paid so long are presumed at first to 
have bound themselves voluntarily thereunto. Lind. 279. 



SECTION VII. 



Of the Duties of the Ministers and Chaplains in the 
Indian Diocese in reference to the Ministration and 
Law of Burial. 



No Minister shall refuse or delay to bury any corpse Burial. Minis- 

i • r-\\ i i~A\ i ter not to re- 

that is brought to the Church or Church-yard fcon- fuse. 
venient warning being given him thereof before) in 
such manner and form as is prescribed in the Book 
of Common Prayer, and if he shall refuse so to do 
(except the party deceased be denounced excommu- 
nicated, major excommunicatione, for some grievous and 
notorious crime, and no man able to testify of his 
repentance) he shall be suspended by the Bishop of 
the diocese from his ministry for the space of three 
months. Canon 68. 

By the Rubric, confirmed by stat. 13 and 14 Car. 2, The office, for 
c. 4, § 1, 2, the office for burial shall not be used for any, tZt be 
unbaptized. 

In Kemp v. Wickes, clerk, Arches, December 11, 
1809, cor. Sir John Nicholi. The baptism of a child 
by a dissenting minister was held a sufficient baptism 
to entitle the child to christian burial by a Minister of 
the Church of England. Burn, vol. 1, p. 264. 



86 Of the Ministers and Chaplains [chap. IV. 

Nor for any who have procured death unto them- 
selves, but who have done it voluntarily and conse- 
quently have died in the commission of a mortal sin, 
and not idiots, lunatics, or persons otherwise of insane 
mind. Burn. vol. 1, p. 265. 
Krmlsap! B Y the Rubric, the priests and clerks, meeting the 
pointed. corpse at the entrance of the church-yard, and going 

before it, either into the church or towards the grave, 
shall say as is there appointed. 

By which it seemeth to be discretionary in the 
minister, whether the corpse shall be carried into the 
church or not, and there may be good reason for this, 
especially in cases of infection. 

Can. 67. After the parties death, there shall be rung 
no more but one short peal, and one before the burial 
and one other after the burial. 
Nottobedenied Langton. We do firmlv enjoin that burial shall not 

on account of ° J J 

fees. be denied to any one upon the account of any sum of 

money ; because if any thing hath been accustomed to 
be given by the pious devotion of the faithful, we will 
that justice be done thereupon to the churches by the 
Ordinary of the place afterwards. 

[upon the account of any sum of money ] ; 
For burial ought not to be sold, but albeit the Clergy 

Minister not to ° '; . 

demandor take may n °t demand any thins? for burial, vet the laity may 

fees unless as J 

accustomed, be compelled to observe pious and laudable customs. 
[hath been accustomed to be given.] 
That is of old and for so long time as will create a 
prescription. Burn, vol. 1, p. 268. 
Lord stoweirs The following extract from the judgment of Lord 
fcwS n buriai? S to well, in the case of Gilbert v. Buzzard and Boyer, 
2 Hagg. Rep. 333, as to the adjustment of the 
quantum of fees for burial, may be useful to be known r 
" I am aware, as I have already intimated, that very 
" ancient canons forbid the taking of money upon 
" interment, upon the notion that consecrated grounds 
" are amongst us, the res sacraz, and that money pay- 
" ments for them were therefore acts of simoniacal 



sect. VIIL] in the Diocese of Calcutta. 87 

** complexion : but this has not been the way of con- 
" sidering that matter since the Reformation, for the 
" practice goes up at least nearly as far; it appears, 
" founded upon reasonable consideration, and is sub- 
" jected to proper controul of an authority of inspection." 
And again, " They are all submitted to the examination 
** of the Ordinary, who exercises his judgment, expres- 
*' ses the result by a confirmation of their propriety in 
" terms of very guarded caution. It is perhaps not easy 
** to say where the authority could be more properly 
" lodged or more conveniently exercised." 



SECTION VIIL 



Of the Registers of Marriages, Baptisms, and Burials, 
in the Diocese of Calcutta, and the Returns of the 
same, as made in the Archdeacowy of Calcutta. 



HAVING endeavored to detail the several duties of Agisters and 

returns in the 

the Clergy in the Indian Diocese, in reference to the Iadiaa Diocese ° 
ministrations and laws of marriage, baptism, and burial, 
we proceed to notice briefly, what concerns them in 
keeping the necessary registers of those ministrations 
and the returns thereof. 

By canon 70, it is laid down, as regards the Minis- 
ter, that in every Parish Church and Chapel shall be 
provided one book, wherein shall be written the day 
and year of every christening, wedding, and burial, 
which have been in the parish since the time that the 
law was first made in that behalf. 

And that for the safe keeping of the said book, a 
coffer shall be provided with locks and keys, as therein 
mentioned ; nor shall the book be at any time taken out 
of such coffer but as therein set forth. And the Minis- 
ter, as therein is also directed, shall write and record 
in the said book the names of all persons christened, 
together with the laames and surnames of their parents ; 



88 Of the Ministers and Chaplains [chap. VI. 

and also the names of all persons married and buried 
in that parish, in the week before ; and the day and 
year of every such christening, marriage, and burial : 
and that done, shall as therein mentioned, lay up that 
book in the coffer as before ; and the Minister, unto 
every page of that book, when it shall be filled with 
such inscriptions, shall subscribe his name. A true 
copy of which register, shall once every year as there- 
in mentioned, be transmitted unto the Bishop of the 
diocese or his Chancellor, to the end, the same may 
faithfully be preserved in the registry of the said Bishop. 
And if any Minister shall be negligent in performance 
of any thing therein contained, it shall be lawful for the 
Bishop to convent him, and proceed against him as a 
contemner of that constitution or canon. 

By the statutes. And by 6 and 7 W. 3, c. 6, § 24, every person in holy 
orders shall within their respective parishes and places, 
take an exact account, and keep a register in writing of 
every person married, christened, or born, therein, or 
buried in the common burying-place, where parishio- 
ners are buried ; to view which book and registers, all 
parties concerned shall have/ree access at all seasonable 
times, without fee, and in default, subjected to penalties 
therein declared. And by 9 and 10 W. 3, c. 35, § 4, 
the words " persons in holy orders " shall comprehend 
Bishops. 

In the English dioceses, the more recent acts regu- 
lating the mode of keeping registers are those of the 
52 Geo. 3, c. 146, and 4 Geo. 4, c. 76, § 28; and the 
reader is referred to Burn, vol. 3, page 291, for any 
information thereon. 

Books found \ n the Indian diocese^ the local Governments or 

by the local '"'".. . , . r , . /• ' 1 

authorities. authorities, provide books lor church registers lor the 
different districts or stations to which the Clergy are 
appointed and licenced. 
Suggestions as But in the present condition and circumstances of 
indtan^iocese 6 the diocese of Calcutta, it frequently happens, that the 
^ p s ;"f s p in ivate Clergy, whilst in progress from one station to another, 

addition. 



sect. VIII.] in the Diocese of Calcutta. 89 

are called upon to minister the different offices in 
question to individuals, either living remote from any 
regular station, or left without the assistance of any 
duly appointed or authorized Minister or Chaplain; 
and the Clergyman so officiating is often at a loss for a 
register, in which to enter and record the ministrations 
of such offices. To obviate any inconveniences arising 
therefrom, and viewing at the same time, the deep 
importance to society and to individuals of duly record- 
ing such acts, it might be useful to the public, for the 
Clergy to keep private registers of their own, expressly 
to meet such occasions ; and likewise to transmit 
duplicates or copies of the entries made in them, to 
the next adjoining clerical district or station, or the 
nearest thereto, where a regular and public register 
is kept, for the purpose of being there publicly record- 
ed, or else to transmit copies of the entries, at the 
proper periods, as extra returns, to the registrar of the 
archdeaconry. All private registers so kept might 
ultimately be given up to be deposited at the registrar's 
office for record. On such occasional ministrations as 
above, it might also be useful for the parties themselves 
to secure, and the Clergy to grant, immediate certifi- 
cates thereof. 

In reference to the general importance, which should 
be attached, by the Ministers and Chaplains in the 
Indian diocese, to this last portion of their ordinary 
duties, the following extracts taken from Phillips's 
Law of Evidence (vol. 1, page 389) are submitted to 
their attention. 

" Registers are evidence of births, marriages, and 
" burials. Registers are directed to be kept as public 
" books, and are accompanied with all the means of 
" authenticity. ' They are in the nature of records/ 
" said Lord Mansfield, ' and need not be produced or 
"proved by subscribing witnesses.' To prove a mar- 
" riage, for instance, an examined copy of an entry is 
" sufficient ; this is proof of a marriage, at a certain 

N 



90 



Extract 
from Bisbop 
Middleton's 
Address. 



Of the Ministers and Chaplains [chap. IV. 

" time, between two parties, describing themselves 
" by the names and places of abode there mentioned." 
And the marriage act requires, in England, that 
the registers shall be signed by the Minister with 
his proper addition. And again in the above work. 
" By the canons of 1603, copies of parish registers 
" in every diocese ought to be regularly transmitted, 
" once in every year, to the Diocesan or his ChanceL- 
" lor; a regulation extremely important, for the purpose 
" of guarding the evidence of title and pedigree, but 
" which has been so generally neglected, as to make 

V it necessary for the legistature to interpose, and 
m pass an act for their better preservation. It is by 
" this statute enacted (stat. 52 G. 3, c. 146, § 7.) that 
" copies of the register books, verified by the offici- 
M ating Minister of the parish, shall be transmitted 
" annually, as therein mentioned, to the Registrar of 
" the diocese within which the church is situated." 

The following, on the same subject, is taken from 
Bishop Middleton's Address on the opening of his 
Consistory Court for the archdeaconry of Calcutta, on 
the 15th of October J819. 

" There has been ground of serious complaint in 
*' some parts of this diocese, upon the subject of the 
" want of due attention in the keeping of the registers. 
4i Persons who affirm their ability to prove the bap- 
" tism of their children at a specified time, and in the 
" presence of specified witnesses, have not always 

V been able to find any trace of such baptism in the 
" registers of the station ; and in some instances, 
"■ although there was an intention of making the entry, 
'* yet from its not having been done at the time, 
" names have been mistaken, and no entry has been 
" found, which could at all avail for .any purpose 
" contemplated by the law in making this a part of 

V the duties of the clergy. More than once I have 
'• been applied to, to suggest a remedy, which might 
" avert the mischiefs likely to arise from such neglect 



sect. VIII.] in the Diocese of Calcutta. 91 

" such remedies are not easily supplied : it were much 
" easier to avoid the occasions which produce the evil. 
'* But, independently of this negligence, there has been 
fi in some instances a misconception of what is requi- 
" site to give to the register the validity of an original 
" document : 1 mean the actual signature of the Cler- 
" gyman, by whom the ministration was performed. 
" It seems to have been supposed, that a memorandum 
" might be copied into the station register by some 
" other than the officiating Minister, and signed by 
" the transcriber. Upon all such points, and indeed 
" upon all others connected with his ordinary duties,. 
" it becomes every Clergyman to inform himself, if 
" he does not distinctly recollect the practice in 
" England. The canon and the statute are both express 
" upon this head, and the Court, in consideration of 
" the heavy injuries, which may be expected to arise 
'* from such neglect, will visit the offence with such 
" censures as the laws have authorized. The returns 
" must also be punctually made to the Registrar for 
" the purpose of being recorded in the registry of the 
" archdeaconry, and transmitted through the Govern- 
" ment to 'England." 

Nor may it be thought improper also to add, that Additional ob- 

J o r ! servations. 

besides the military and civil institutions for relief in 
India, there are several benevolent public societies 
founded entirely for the support of widows and children 
in that country ; the regulations or usages of many of 
which, render it necessary, for the parties seeking the 
benefit of the same, satisfactorily to prove, first, their 
marriage ; second, the death of the husband ; and 
third, the birth or baptism of each child ; and that 
from the relaxed mode in which those ministrations 
have been recorded, or by transmitting the returns 
irregularly, very deep anxiety and distress have been 
often occasioned ; and the requisite certificates applied 
for could not be provided, to secure the unfortunate 
parties the only pittance left them. 



92 Of the Ministers and Chaplains [chap. IV. 

Of the registers and returns as kept and made in the 
archdeaconry of Calcutta under the orders of Govern- 
ment. 

of making the Prior and up to the commencement of the year 

returns of re- . . 

gistersin the 1816, authenticated duplicates or copies of the diife- 
* rent registers kept by the Chaplains on the Bengal 
establishment, were regularly sent to the officiating 
Clergy at Saint John's Church, in Calcutta, (now the 
Cathedral) where those registers or returns to that 
date, still remain recorded; all applications therefore, 
relating thereto, must be made to the officiating Minis- 
ters or Chaplains at the Cathedral. 

From the beginning of the year 1310, under the 
since 1816. direction of Bishop Middleton, and the sanction of 
Half yearly to Government, the Chaplains were ordered, in future, to 
registers 6 . 011 ™ make half yearly returns, or authenticated copies of 
their registers, to the respective Registrars of the 
archdeaconries, in order that official copies of the same 
might be annually made by the Registrars for the local 
And to be Governments, to be transmitted to the Honorable 
Engi s and. ted to the Court of directors, in England, 
since 1828 The Court of Directors have, however, recently called 

quarterly? 6 f° r tne returns to be made quarterly by their Chap- 
lains; and in consequence, the Honorable Company's 
Chaplains, and the Clergy generally in the above 
archdeaconry, have been lately desired to make the 
returns, at the stated periods following: from the 1st 
day of January, to the 31st day of March ; from the 1st 
day of April, to the 30th day of June ; from the 1st day 
of July, to the 30th day of September; and from the 
1st day of October, to the 31st day of December; 
all inclusive. And it is the duty of every succeeding 
Chaplain to see that the returns of the station to which 
he is appointed or removed have been duly forwarded 
according to such dates. 

But in a diocese where most of the Chaplains and 
Ministers are so constantly removing from one station 
or district to another, and where the latter are in 



sect. VIII.] in the Diocese of Calcutta. 93 

consequence, from that circumstance, and other causes, 
not unfrequently left without any officiating Minister, 
the returns must be occasionally uncertain and irregu- 
lar; and as the official returns have now been directed 
by the Government to be made as above, it might per- 
haps be desirable for the same authority to frame 
some public and permanent regulations on the subject. 
Notwithstanding the directions and forms, formerly 
recommended by Bishop Middleton, it became neces- 
sary for Bishop Heber to establish, for greater ease, 
consistent forms of entries for the different register 
books. The following, with some slight additions, were 
those prepared under that prelate and circulated by 
him, and which continue to be the forms of the returns, 
still in use in the archdeaconry of Calcutta. 



04 

Form for regis- 
ters and returns 
of marriage. 



Of the Ministers and Chaplains [cha*>. IV. 



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sect. VIII.] in the Diocese of Calcutta, 



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sect. VIII. ] in the Diocese of Calcutta. 97 

Form of the Clergyman's attestation for each of the fore- 
going Returns. 

I hereby certify, that the foregoing (or annexed) returns, are 
true and faithful copies of all the entries in the register of 



C marriages, 1 
< baptisms, > bel 
I or bun ,ls, ) 



onging to and kept at the church or station of 



within the archdeaconry of and diocese 

of Calcutta, as therein entered and made, between the 



day of and day of " in 

the year of our Lord 

Witness my hand, 
A. B. Minister and Chaplain of 



In concluding this chapter on the duties of the 
Ministers and Chaplains in the Indian diocese, it is 
submitted, whether it might not be found generally 
useful, as already adopted in some instances, if an 
additional book were directed to be kept at all the 
respective stations, besides the common registers, to 
record public or official correspondence, orders, and 
the like, concerning either the officiating Clergyman 
himself, or the advancement, and internal improve- 
ment of his station. All proceedings relating to the 
Church or Chapel; the establishment of schools; 
charities ; and any institutions, for the promotion of 
Christian knowledge within the circuit of the station 
might by that means be permanently recorded ; and 
every newly appointed Chaplain or Minister succeeding 
to the duties thereof would then be able to inform 
himself of the actual state of every part of his district, 
and what was incumbent upon him to superintend, 
and uphold, for its progressive advancement. 

By the uniform observance of a practical system of 
that kind, throughout a diocese so recently founded, 
every Minister and Chaplain would not only exhibit 
and display a zeal in the performance of his ecclesiasti 
cal functions, honourable to himself as &true member of 
that church, emphatically by law established, but possess 

o 



98 Forms. [chap. VL 

the gratifying feeling of having humbly endeavoured to 
promote the permanent and spiritual welfare of every 
part of these His Majesty's territories; and by attend- 
ing to laws, which are found equally necessary to 
benefit and bind society in this country, would be 
further sensible of having also contributed all in his 
power to advance the temporal interests of British 
India, and answer the designs in all respects of the 
English episcopal establishment in the East Indies. 



SECTION IX. 



Forms : 
Applicable to the Ministers and Chaplains in the Indian 



Diocese. 



OATHS. 
1. Of Allegiance. 

Clerk, now to be licenced 



to officiate as a Minister (and Chaplain 
if so) in the diocese and jurisdiction of 
Calcutta, do sincerely promise and swear 
that I will be faithful and bear true 

allegiance to His Majesty King 

the 

So help me God. 

2. Supremacy. 

Clerk (as above) do swear 



that I do from my heart abhor, detest, 
and abjure, as impious and heretical, that 
damnable doctrine and position, that 
princes excommunicated or deprived by 
the pope, or any authority of the see of 
Rome, may be deposed or murdered by 
-their subjects, or any other whatsoever ; 
and 140 declare that no foreign prince, 
person, prelate, state or potentate, hath 
or ought to have any jurisdiction, power, 
superiority, preeminence, or authority, 
ecclesiastical or spiritual, within His 
Majesty's realm. 

So help me God. 

3. Canonical Obedience. 

I Clerk (as above) do swear 

that I will pay true and canonical obe- 
dience to the Lord Bishop of Calcutta 
and his successors, in all things lawful 
and honest. 

So help ms God. 



I 



SUBSCRIPTIONS. 

Clerk, now to be licenced 



to officiate as a minister (and chaplain, 
if so) in the diocese and jurisdiction of 
Calcutta, do willingly and ex animo 
subscribe to the thirty-nins articles of 
the Church of England, and to all things 
that are contained in them, this ■ 

in the year of our Lord 



I the above named 
ingly and 



A. B. 



do will- 
ex animo, subscribe to the 
three articles in the thirty-sixth of the 
ecclesiastical canons made in the year 
of our Lord one thousand six hundred 
and three, and to all things that are con- 
tained in them, the day and year above 
mentioned. 

A.B. 



I the above - 
I will conform 



Church of England, 
established. 



do declare that 

to the liturgy of the 



as it now by law 
A.B. 



On the day and year aforesaid these 
subscriptions were made before us. 

C. Calcutta, 
all which I attest, 

D. Reg. 



sect. IX.] in the Diocese of Calcutta. 99 

TO all Christian people to whom these presents shall come, or in No. 2. 

any wise concern, by divine permission Bishop of Ce«-f»ficate of 

J r r subscription 

Calcutta ; sendeth greeting ; Be it known unto you, that on the day of and oathg. 

the date hereof to be licenced to officiate as a Minister 

(and Chaplain) at within the archdeaconry of * — 

or any other place within our diocese and jurisdiction to which he 
may hereafter be duly appointed and removed, did personally appear 
before us, and fully and amply satisfy us of his having obtained the 

permission and licence of the honorable the to 

reside in India as one of the Ministers (and Chaplains) thereof, and of 
his having been admitted to" the holy order of priests, and did also sab- 
scribe to the thirty-nine articles of the Church of England, agreed upon 
in the convocation holden at London in the year of our Lord one 
thousand five hundred and sixty two, and to the three articles in the 
thirty-sixth of the ecclesiastical canons, published in the year of our 
Lord one thousand six hundred ai.d three, and to all things that are 
contained in them, and at the same time did on the holy evangelists 
swear that he would be faithful and bear true allegiance to His 

Majesty King the , and that he renounced all 

foreign jurisdiction, power, superiority, pre-eminence or authority, ec- 
clesiastical or spiritual, within His Majesty's realm, pursuant --to an 
act of Parliament made and published to that effect, and that he would 
pay true and canonical obedience to us and our successors, Bishops 
of Calcutta, in all things lawful and honest. 

In testimony whereof we have caused our hand and seal to be 

hereunto set and affixed, dated this ■ day of in 

the year of our Lord — and of our consecration the 

I- do declare that I will conform to the church of No. 3. 

England as it is now by law established. Declaration of 

° J conformity. 

A. B. 

This declaration was made and subscribed before us by the said 

— — to be licenced to officiate at — in the, arch- 



deaconry of within our diocese aud jurisdiction,, or at 

any other place within the said diocese to which he may hereafter be 

duly appointed and removed, this day of in the 

year of our Lord - and of our consecration the- 

' ~ by divine permission Bishop of Calcutta, to our No. 4. 

beloved in Christ — greeting; We do by these presents ]£i*-*™ r [ or d 

give and grant unto you, in whose fidelity, morals, learning, sound chaplains, 
doctrine, and diligence, we do fully confide, our licence and authority 

to perform the office of minister (and chaplain) at in the 

archdeaconry of and within our diocese and jurisdiction, 

and to which you are nominated by — ■ — and at any 



100 Forms. [chap. VL 

other place within our diocese to which you shall be duly removed 
or appointed, in reading the Common Prayer, and performing 
other ecclesiastical duties belonging to the said office, according 
to the form prescribed in the book of Common Prayer made and pub- 
lished by authority of Parliament, and the canons and constitutions 
in that behalf lawfully established and promulgated, and not other- 
wise. And also to preach and expound the Word of God, you having 
first satisfied us of your having obtained the licence or permission to 

reside in India of the as a minister (and chaplain), 

as well as of your having been admitted to the holy order of priests, 
and also having before us subscribed the articles, taken the oaths, and 
made and subscribed the declaration, which in this case are required 
by law to be subscribed, made and taken, and we do by these 
presents allow and assign unto you, all and singular the emoluments 
and allowances already belonging thereto, or granted or annexed, or 
which shall at any time or times hereafter belong or be granted or 
annexed to the same, for performing the clerical duties and functions 
thereof; hereby reserving to us and our successors the power and 
authority of revoking these presents, and all things herein contained, 
whenever we shall see just cause for the same. 

In witness whereof we have caused our hand and seal to be hereunto 

set and affixed, dated this day of in the year 

of our lord and of our consecration the — 

When licensed by Commission. 
No 5. TO all christian people to whom these letters testimonial may 

Commissary's come or in anv wise concern, greeting; Be it known unto ycu, that on 

certificate of J - i 

oaths and sub- the day of the date hereof to be licensed to officiate as a 

scnptioas. minister (and chaplain) at in the archdeaconry of -== — 

and diocese of Calcutta, or at any other place within the said diocese 

to which he may hereafter be duly appointed and removed, did, before 

his being licensed thereto, personally appear before me (Commissary 

for this purpose specially appointed by the Right Reverend Father in 

God by divine permission Bishop of Calcutta), and did 

fully satisfy me of his having obtained the licence or permission to 

reside in India of the as a minister (and chaplain) 

and of his having been admitted to the holy order of priests, and did 

also subscribe to the thirty-nine articles of the Church of England, 

agreed upon in the convocation holden at London, in the year of our 

Lord one thousand five hundred and sixty-two, and to the three articles 

in the thirty-sixth of the ecclesiastical canons made in the year one 

thousand six hundred and three, and to all things that are contained 

in them, and at the same time did, on the holy evangelists, swear that 

he would be faithful and bear true allegiance to His Majesty king 

and that he renounced all foreign jurisdiction, power, 



sect. IX.] in the Diocese of Calcutta. 101 

superiority, pre-eminence, or authority, ecclesiastical or spiritual, 
■within His Majesty's realm, pursuant to an act of Parliament made 
and published to that effect, and that he would pay true and canonical 
obedience to the Lord Bishop of Calcutta and his successors, Bishops 
of Calcutta, in all things lawful and honest. 

In testimony whereof the episcopal seal of the said Lord Bishop is 

hereunto affixed, and 1 have subscribed the same, this — day 

of in the year of our Lord 

(Seal) 
CD. Commissary. 

I do declare, that 1 will conform to the liturgy of the No « 6 - 

_. . . . . , Commissary s 

Church of England, as it is now by law established. certificate of 

A. B. declaration of 
conformity. 
TO all Christian people to whom these presents shall come, greeting; 

Know ye that the abovesaid to be licensed to officiate 

as a minister (and chaplain) at ■ in the archdeaconry 

of within the dicese of Calcutta, or at any other place 

within the said diocese to which he may hereafter be duly appointed 

and removed, did, on the day of the date hereof, personally appear 

before me (Commissary for this purpose specially appointed by the 

Right Reverend Father in God Bishop of Calcutta) and 

before his being licensed thereto did make and subscribe the 

declaration above written. 

In testimony whereof the seal of the said Lord Bishop is hereunto 

affixed, and I have subscribed the same this day of—- -— 

in the year of our Lord — 

C. D. Commissary. 

I, the venerable — Archdeacon of the archdeaconry of No 7. 

4 in the diocese of Calcutta, and Commissary of the Right Commissary's 

Reverend Lord Bishop of Calcutta, and his successors, in 

this behalf hereunto duly authorized, to tny beloved in Christ ■ 

greeting, I do by these presents give and grant unto you, in whose 
fidelity, morals, learning, sound doctrine, and diligence, I do fully 
confide, the licence and authority of the said Lord Bishop of Calcutta. 

to perform the office of minister (and chaplain) at in the 

archdeaconry of within the diocese and jurisdiction of 

Calcutta, and to which you are nominated by • and at 

any other place within the said diocese to which you shall from time to 
time be appointed and removed, in reading the Common Prayer and 
performing all other ecclesiastical duties belonging to the said office, 
according to the form prescribed in the book of Common Praver, 
made and published by authority of Parliament, and the canons and 
constitutions in that behalf lawfully established and promulgated, and 



102 Forms. [chap. Yh 

not otherwise, and also to preach and expound the Word of God, 
you having first satisfied me of your having obtained the licence or 

permission to reside in India of the as a Minister (and 

Chaplain) as well as of your having been admitted to the holy order 
of Priests, and also having before me subscribed the articles, taken 
the oaths, and made and subscribed the declaration which in this 
case are required by law to be subscribed, made, and taken. And I 
do by these presents allow and assign unto you, all and singular the 
emoluments and allowances already belonging thereto, or granted or 
annexed, or which shall at any time or times hereafter belong or be 
granted or annexed to the same, for performing the clerical duties and 

functions thereof, hereby reserving to the said Right Reverend ' 

Lord Bishop of Calcutta, and his successors,. Bishops of Calcutta, the 
power and authority of revoking thcise presents, and all things herein 
contained, whenever he or they shall see just cause for the same. 

In testimony whereof the episcopal seal of the said Lord Bishop is 
hereunto set and affixed: and 1 have subscribed the same as com- 
missary, dated this day of in the year of our Lord- 



No. 8. 
The Bishop's 
licence on 
Commissary's 
certificates 
when the com 
missary does 
not licence. 



_„ by divine permission Bishop of Calcutta, to our 

beloved in Christ Clerk, greeting : We do by these 

presents give and grant unto you, in whose fidelity, morals, learning r 
sound doctrine, and diligence, we do fully confide, our licence and* 

authority to perform the office of minister (and chaplain) at 

in the archdeaconry of within our diocese and juris- 
diction of Calcutta, and to which you are nominated by 



or at any other place within our said diocese to which you shall from 
time to time be duly appointed and removed, in reading the Common 
Prayer and performing all other ecclesiastical duties belonging to the 
said office, according to the form prescribed in the book of Common 
Prayer, made and published by authority of Parliament, and the 
canons and constitutions in that behalf lawfully established and pro- 
mulgated, and not otherwise, and also to preach and expound the 
Word of God, you having first satisfied us by the certificate of the 

Venerable Archdeacon of the said archdeaconry of — 

our Commissary specially authorized and appointed in that behalf, 
of your having obtained the licence or permission to reside in India of 

the as a Minister (and Chaplain), as well as of your 

having been admitted to the holy order of Priests, and also of your 
having before him subscribed the articles, taken the oaths, and made 
and subscribed the declaration which in this case are required by law 
to be subscribed, made, and taken ; and we do by these presents allow 
and assign untoyou all and singular the emoluments and allowances al- 
ready belonging thereto, or granted and annexed, or which shall at any 



sect. IX.] in the Diocese of Calcutta. 103 

time or times hereafter belong to or be granted or annexed to the same, 
for performing the duties and functions thereof, hereby reserving to us 
and our successors, Bishops of Calcutta, the power and authority of 
revoking these presents, and all things herein contained, whenever we 
*hal! see just cause for the same. 

In testimony whereof we have caused our episcopal seal to be here- 
unto set and affixed ; dated this day of 

in the year of our Lord and of our consecration the • 



by divine permission Bishop of Calcutta, to the faithful No. 9. 

Letters test!- 



in Christ to whom these letters shall come or in any wise concern, moa i a i 

greeting; By these presents we signify that the Reverend ■ — - 

has been for the space of years licenced by us, and has offi- 
ciated as a Minister (and Chaplain) in the archdeaconry of 

within our diocese and jurisdiction, and has during that time adminis- 
tered the Sacrament and solemnized Divine Offices, and lived dis- 
creetly and laudably, nor hath in the mean time done any thing so far 
as we know or believe, by which he hath incurred ecclesiastical 
censure, according to the ecclesiastical laws of the Church of England, 
©n which account we do, by these presents, commend him unto you. 
In testimony whereof we have caused our seal, which we use in this 

behalf, to be hereunto set and affixed, dated this day of 

in the year of our Lord and of our consecration 

the 



( 104 ) 
CHAPTER V. 

OF THE REGISTRARS IN THE DIOCESE OF CALCUTTA, 

SECTION I. 

Extracts from the Letters Patent. 



Extracts from BY his Majesty's Letters Patent, 2nd of May, A. D. 



Letters Patent 



2d of May 1814, it is provided, that " the Bishop of Calcutta 



1814. 



Appendix. " and his successors may from time to time appoint a 
*f proper and sufficient person in each archdeaconry to 
" act as Registrar thereof, and in case of no Registrar 
" being so appointed, or the Registrar being unable to 
" act, the said Bishop or his commissaries respectively 
" may assume any sufficient person to do all acts as 
" Registrar." And that the person appointed to act as 
Registrar within the archdeaconry of Calcutta shall act 
as Registrar of the commissioners delegate for hearing 
and determining appeals as the Letters Patent also 
provide; "or if there be no such Registrar, or such 
" Registrar be unable to act, the said commissioners 
" delegate may assume an Actuary to do all acts as 
" their Registrar." 



SECTION II. 



As to the necessary qualifications in order to the appoint- 
ment of a Registrar in reference to the Letters Patent. 

Previously to entering on the subject of these 
appointments in the Indian diocese, and of the duties 
belonging to them, it may be proper to premise shortly, 
such qualifications as are necessary in the dioceses in 
England to constitute a Registrar for ecclesiastical pur- 
poses, and as may be applicable also to the provisions 
of the Letters Patent. 



sect. II] Of the Registrars in the Diocese of Calcutta. 105 

It is laid down that a Registrar ought always to be a 
Notary. And a Notary is described as anciently a 
Scribe that only took notes or minutes, and made short 
draughts of writings and other instruments both public 
and private. But at this day, we call him a Notary 
Public, who confirms and attests the truth of any deeds 
or writings in order to render the same authentic. Ayl. 
382 ; Burn, vol. 3, p. 1 . 

The law books give to a Notary several names, or a Notary V 

„ . „ t* • • »* i the law books, 

appellations, as " Actuarius, " Registrarius, and 
several other titles now obsolete; all whichs are put 
to signify one and the same person ; but the word 
Registrar'uiSy is confined to the officer of some Court, 
who has the custody of the records and archives of 
such Court, and is often times distinguished from the 
Actuary thereof, but a Registrar ought always to be a ou'hftoTe a 
Notary Public, for that seems to be a necessary quali- notary public 
fication of his office. Ibid. 

As a Notary is a public person, so, consequently, all Tsa . p 1 " M ( i t cp a ^ 
instruments made bv him are called public instru- instruments by 

. . 1 . n , , him are evi- 

ments ; and a judicial register of record made by dence. 
him is evidence in every Court, according to the civil 
and canon law. And a Bishop's register establishes 
a perpetual proof and evidence, when it is found in 
the Bishop's archives; and credit is given not only to 
the original but even to an authentic copy exemplified. 
Ayl. Par^ 386. 

And one Notary Public is sufficient for the exempli- 
fication of any act, no matter requiring more than one 
Notary to attest it. 

And the rule of the canon law is, that one Notary is His testimony 
equal to the testimony of two witnesses. Gibs. 996 ; J^ 6 canon 
Burn, vol. 3, p 3. 

Bv Can. 123. No Chancellor, Commissary, Arch- By canon no 

j " r\m • i i • i* • • i person exercis- 

aeacon, (Jmcial, or any other person using ecclesiastical jng ecciesias- 
jurisdiction, shall speed any judicial act either of con- tlo* to "peed" 
tentious or voluntary jurisdiction, (except he have the JutSS ™]ina- 
ordinary Registrar of that Court or his lawful deputy ; ^uw^SSiT 

p 



106 Of the Registrars [chap. V. 

or if he or they will not or cannot be present, then such 
persons as by law are allowed in that behalf to write or 
speed the same) under pain of suspension ipso facto. 

Credit which And this is according to the rule of the ancient canon 

the canon law . 

gives to a No- law, which, to prevent falsifications, requireth the act 

tary Public. , . . _ , . ,.,», 

to be written by some public person (if he may be had) 
or else by two other credible persons ; and the credit 
which the canon law gives to a Notary Public is, that 
his testimony shall be equal to that of two witnesses. 
Gibs. 996; Burn, vol.3, p. 285. 

By the 41 Geo. 3, c. 79, a person must serve seven 
years to a Notary Public, and be sworn, to qualify him 
to practice in England. It has been and is usual 
iiowever for the Archbishop of Canterbury to grant 
Notarial faculties to persons abroad, or in the colonies., 
without requiring the qualifications necessary under that 
act ; provided they are first duly sworn for that purpose. 

The foregoing having been premised, we proceed, in 
the following section, to the original appointments of 
the Registrars of the archdeaconries, in the Indian 
diocese ; and to notice briefly the duties now belonging 
to them. 



SECTION III. 



Of the Appointments, and Duties, hi general, of the Re- 
gistrars of the archdeaconries, in the Indian diocese. 



The attention of Bishop Middleton after his arrival 
in his Indian diocese in 1814, was first directed to 
establish a permanent ecclesiastical registry for the acts 
and proceedings to be performed for, or done in the 
respective archdeaconries ; and having obtained the 
consent of the Supreme Governments, to support those 
establishments, he appointed a Registrar in each of the 
archdeaconries accordingly, pursuant to the authority 



sect. III.] in the Diocese of Calcutta. W 

in the Letters Patent, and in conformity, as near a& 
could be, to the forms in the English dioceses.* 

These appointments have continued to be made, as 
in England, under an episcopal Patent which according 
to Bishop Middleton's form, is granted conditionally 
" quoad se bene gesserit." 

The several Registrars subscribe, as in the English 
dioceses, to the Thirty-nine articles ; and to the first 
and third articles, and to the two first clauses of the 
second article of the 36th canon, and take the oath of 
office, and the oaths of allegiance and supremacy. For 
the forms of all which, and of their appointments, see 
precedents to this chapter. 

The duties required of the Registrars of the respec- ? u ™ m *7 t £g 

tive archdeaconries, in the Indian diocese, are in respective Re- 
gistrars in the 
general, to attend personally at all public ecclesiastical ndian diocese, 

proceedings ; such as upon the installation of the 
Bishop, and at the institution and induction of the 
Archdeacons ; at Consecration of Churches, Ordination 
and Visitation, (the acts of all which proceedings are 
drawn up by those officers, and entered in their regis- 
ters, and attested); to draw up and register, and attest, 
all the licences of the Clergy, and other instruments 
relating thereto; to draw up, and supply the necessary 
papers, petitions and proceedings, for the consecration 
of churches ; and licences for the allowance of divine 
worship ; faculties for monuments, and the like ; also all 
documents, and letters of orders, required at ordina- 
tions ; and prepare mandates,an*d citations, and record 
proceedings at visitations. Also to keep a separate book, 
to or in which, the thirty-nine articles are appended, 

* The gentlemen originally so appointed by Bishop Middleton to those ecclesias- 
tical offices, were as follow : The Author (who accompanied that Bishop to India) 
Registrar in the archdeaconry of Calcutta; the late Robert Or me, Esq. then 
Attorney to the Honorable the East India Company at Madras, Registrar in the 
archdeaconry of Madras ; the late John Henry Stephenson, Esq. then Attorney 
to the Honorable Company at Bombay, Registrar in the archdeaconry of Bombay ; 
and to the registry of the archdeaconry of Colombo, the late Richard Morgan, 
Esq. : of these, the Author is now the only survivor. 



108 Of the Registrars [chap. V. 

or inserted, with the three articles of the thirty-sixth 
canon of 1603; in which book, the subscriptions 
thereto are entered for the signatures of the Clergy and 
others, as licenced, promoted, or appointed. 

The Registrar for the archdeaconry of Calcutta prac- 
tices, in addition, as Secretary to the Bishop for all legal 
ecclesiastical purposes, and in that capacity acts gener- 
ally as Registrar for the diocese. Tne Registrars in the/ 
other archdeaconries, when the Bishop is present, pet- 
form also the same duties. 

The Registrars may not always be able to attend at 
consecrations of Churches i.i the interior of the arch- 
deaconries ; in which case, the Bishop* under the 
powers granted him in the Letters Patent, assumes 
an x\ctuary, and as the form of an act of consecration 
for registry, may on such occasions, be useful one is 
given in the eighth chapter of this work. 

The Registrars also receive, and record, the quarterly 
returns of marriages, baptisms, and burials, performed 
by the respective Ministers and chaplains within the 
respective archdeaconries;* and make authentic copies 
of the returns, and send the same quarterly into the 
local Governments, for transmission by them, to Eng- 
land. As their offices are public, they allow, at all 
stated and reasonable hours, searches to be made in 
their offices, for all entries in their respective register 
books, and in the returns of marriages, baptisms, and 
burials, and grant copies and certificates thereof when 
required, on payment of the usual fees by the parties^ 
If the Registrars are requested on behalf of individuals 
to make searches, they are paid all reasonable charges 
for the same ; as also for any private faculties, and all 
other instruments in which the Government are not 
directly interested. 

* In the dioceses in England, as often as the copies of such registers and lists 
are transmitted to the office of the Registrars, they cause them to be safely kept from 
damage, and to be so arranged as to be resorted to when required ; and cause correct 
alphabetical lists to be made in books of the names of all persons or places therein, 
which with the above copies, are open to public search at reasonable times, on pay* 
meat of the usual fees, Stat, 52, G. 3, c. 146". 



sect. III.] in the Diocese of Calcutta. 

The above, are the leading duties and proceedings 
in which the Registrars are concerned. For any further 
practical information respecting those offices, in the 
Indian Diocese, in reference to the different ecclesi- 
astical proceedings, and forms necessary, or relating 
expressly either to the Bishop ; the Archdeacons, and 
Commissaries; the Ministers and Chaplains; Ordina- 
tion; Confirmation; Consecration of Churches ; Visita- 
tion ; and the Consistory Court ; the reader is referred 
to the several chapters as arranged, under each of 
these heads, in the present work ; and for other parti- 
culars, may also consult, Burns Eccl. Law, voL 3, TiL 
Notary Public. Register. 



109 



SECTION III. 



Forms 



oaths. 

I do sincerely promise and 

swear that I will be faithful and bear 
true allegiance to His Majesty King 
George the 



I 



So help me God. 

do swear that I do from 
my heart abhor, detest, and abjure, as 
impious and heretical, that damnable 
doctrine and position that princes ex- 
communicated or deprived by the Pope, 
or any authority of the see of Rome, may 
be deposed or murdered by their sub- 
jects, or any whatsoever ; and I do declare 
that no foreign prince, person, prelate, 
state, or potentate, hath or ought to have, 
any jurisdiction, superiority, preemin nee 
pr authority, ecclesiastical or spiritual, 
within His Majesty's realms, dominions, 
and countries. 

So help me God. 



I before I enter into to exe- 
cute the office or place of Registrar and 
also of Keeper of the registry and re- 
cords within the archdeaconry of 

in the diocese of Calcutta, and of the 
Consistory Court within the same, do 
swear that I will to the uttermost of 
my understanding deal uprightly and 
justly in the said office of Registrar, and 
also Keeper of the registry and records 
aforesaid, without respect of persons, 
favor or reward. 

So help me God. 



SUBSCRIPTIONS. 

I ■_ — now to be appointed Re- 
gistrar and Actuary and Keeper of all 
acts and records within and for the 
archdeaconry of and of the Con- 
sistory Court, within the same, as well 

under by divine permission 

Pishop of Calcutta, and his successors, 
Pishops of Calcutta, as under his Com- 
missary and Commissaries, and the Com- 
missary and Commissaries of his succes- 
sors, bishops of Calcutta, do willingly 
and ex auimo subscribe to the thirty- 
nine articles of the Church of England, 
and to all things that are contained in 
them, this day of in the 



year of our Lord 



A.B. 



I the above named do wil- 
lingly and ex animo subscribe to the 
first and third articles, and to the two 
first clauses in the second article of the 
thirty-sixth canon of one thousand six 
hundred and three, and to all things that 
are contained in them, the day and year 
above mentioned. 

A,B. 

The above subscriptions were made 

before us by divine permission 

Bishop of Calcutta, the — day of 

in the year of in the 

presence of — — — 



110 Of the Registrars [chap. V. 

No. 2. ^^ ~ by divine permission Bishop of Calcutta, do by 

Registrar's pa- these presents for us and our successors, give, grant, and confirm to 

of in the archdeaconry of within 

our diocese of Calcutta, gentleman he being a proper and sufficient 
person for that purpose, and having before us [or if otherwise, then in 

the presence of Archdeacon of the said archdeaconry 

of and our Commissary duly and specially appointed] 

subscribed to the thirty- nine articles of religion of the Church of 
England, and to the first and third articles and to the two first clauses 
in the second article of the thirty-sixth canon, and to all things that 
are contained in them, and also having before us, [or if otherwise, in 
the presence of the said Commissary] taken the following oaths, 
[here give the oaths and signatures]. 

The office of our Principal or General Registrar, and the Notary 

of our acts in and for the archdeaconry of aforesaid, and 

also the custody of the registry and records thereof as well under us 
and our successors, Bishops of Calcutta, as under our Commissary and 
Commissaries, and the Commissary and Commissaries of our suc- 
cessors, Bishops of Calcutta, and the office of Registrar of our Epis- 
copal Consistorial Court within and for the said archdeaconry, with all 
and singular the fees, profits, advantages, commodities, and appurte- 
nances thereunto belonging ; and do hereby also ordain, depute, and 
appoint him Registrar and Actuary, and Keeper of our acts and 
records within the said archdeaconry, as well under us as under our 
Commissary and Commissaries and the Commissary and Commissaries 
of our successors, and also Receiver of the profits, issues, and emolu- 
ments arising, and that shall arise or become due from the said office 
varvd offices, and custody aforesaid, within the said archdeaconry of 

■^ — To have, hold, enjoy, and execute the said office, and 

all and singular other the premises to him the said 

** quoad se bene gesserit ;* together with all and singular the fees, 
profits, commodities, advantages, and appurtenances to the same 
belonging. 

In testimony whereof we have caused our episcopal seal to be 

hereunto affixed, dated this day of in the year 

of our Lord and of our consecration the 



When sworn under commission, the same form of commission may 
be observed as in the case of the Archdeacons, adopting only the 
instrument to the office of Registrar. 



sect. III.] in the Diocese of Calcutta. Ill 

TO all to whom these presents shall come of No< 3 

in the archdeaconry of— in the diocese of Calcutta F° r m of Sur- 

. . render of a 

sendeth greeting, Whereas the Right Reverend Father in God Registrar'* 

by divine permission Lord Bishop of Calcutta, by Pateat « 

Letters Patent under his hand and episcopal seal bearing date the 

day of 1 in the year of our Lord one thousand 

eight hundred and twenty did give, grant, and confirm to 

the said ■■ the office of his principal or general 

Registrar of the archdeaconry of • aforesaid and Notary 

of his acts within the archdeaconry of and also the 

custody of his registry and records as well under him and his suc- 
cessors Bishops of Calcutta as under his Commissaries and the 
Commissaries of his successors Bishops of Calcutta, and did also 
depute and appoint him Registrar of his episcopal Consistorial Court 
within and for the said archdeaconry, to hold, enjoy and execute the 
said office or offices, and all and singular other the premises to him 

the said as therein mentioned. As in and by the said 

in part recited Letters Patent relation thereunto had will more fully 

appear. And whereas the said is desirous of voluntarily 

resigning the said office into the hands of the Right Reverend 

Lord Bishop of Calcutta, Now know ye that for better 

enabling the said Lord Bishop of Calcutta to grant new 

Letters Patent of the said office or offices, the said I 

hath and by these presents doth surrender and yield up into the 

hands of him the said Lord Bishop of Calcutta and 

his successors the said recited Letters Patent and all the estate, rio-ht, 
title, interest, property, claim and demand whatsoever of him the said 

of, in and to the same, every and either of them, to the 

intent and purpose that the said Lord Bishop of Calcutta 

may be the better enabled to grant new Letters Patent of the said 
office to such person or persons as to him shall seem meet. In Witness 

the said -hath hereunto set his hand and seal, the 

day of in the year of our Lord one thousand 

«ight hundred and twenty 



Sealed and delivered at 

aforesaid, in the presence of 



! 



( H2 ) 
CHAPTER VI. 

ORDINATION IN THE DIOCESE OF CALCUTTA. 
SECTION I. 

Extract from the Letters Patent, and of the Statutes 
relating to Ordination, applicable to the Indian Diocese. 



ExtractsofLet- BY his late Majesty's Letters Patent, of the 2d of 

2d T ofMay 1814. May 1814, his late Majesty grants unto the Bishop 

Appendix. anc j kj g successors> Bishops of Calcutta, full power 

and authority, " to confer the orders of Deacon, and 

M Priest, within the limits of the See, but not elsewhere, 

" such Bishop and his successors having been first 

" duly ordained and consecrated." 

4 Geo. 4, cap. And by 4 Geo. 4, cap. 61, sec. 6, it is declared, 

71. Appendix. ...... 

Power to Bi- that whereas doubts have arisen whether the Bishop 

shop of Cal- /»/-,! • /»«ii i ... 

cuwato ordain of Calcutta in conferring holy orders, is subject to the 
under certain several provisions and limitations established by the 
oaths and sub? l aws °f ^is realm, or canons ecclesiastical, as to the 
madfby s such e titles of the person to be ordained, and as to the oaths 
Sained 800 *" anc * subscriptions to be by such persons taken and 
made, and it is hereby enacted, that it shall and may 
be lawful for the Bishop of Calcutta for the time being, 
to admit into the holy orders of Deacon and Priest 
respectively, any person whom he shall, upon exami- 
nation, deem duly qualified, specially for the purpose 
of taking upon himself the cure of souls or officiating 
in any spiritual capacity, within the limits of the said 
diocese of Calcutta, and residing therein, and that a 
declaration of such purpose, and a written engagement 
to perform the same, under the hand of such person, 
being deposited in the hands of such Bishop, shall be 
held to be a sufficient title, with the view to such 
ordination ; and that in every such case, it shall be 
distinctly stated, in the letters of ordination of every 



sect. I.] Ordination in the Diocese of Calcutta. 113 

person so admitted to holy orders, that he has been 
ordained for the cure of souls within the limits of the 
said diocese of Calcutta only ; and that unless such 
person shall be a British subject of or belonging to 
the United Kingdom of Great Britain and Ireland, he 
shall not be required to make the oaths and subscrip- 
tions which persons ordained in England are required 
to take and make. 

And by 59 Geo. 3, c 60, sec. 1, after reciting, ^ e °; 3 ' cap ' 
that " Whereas it is expedient, that the Archbishops f*^^^ 
and Bishops of this realm, should from time to time, tion * 
admit into holy orders persons specially destined for 
the cure Of souls in His Majesty's foreign possessions, 
although such persons may not be provided with the 
title required by the canons of the Church of England, 
of such as are to be made Ministers. And whereas it 
will greatly tend to the advancement of religion within 
the same, if due provision shall be regularly made for 
a supply of persons properly qualified to serve as 
Parsons, Vicars, Curates, or Chaplains;" the above 
Archbisiiop or the Bishop of London, or any Bishop Archbishop of 
authorized by any or either of them, are then empower- B Sop o/lon- 
ed thereby, to admit to the holy orders of Deacons tdS^otfr. 
and Priests, any person, whom, on examination, he j*£ n P° ssessi " 
shall deem duly qualified, specially for the purpose 
of taking on himself the cure of souls, or officiating 
in any spiritual capacity in His Majesty's colonies, or 
foreign possessions, and residing therein ; and a decla- 
ration of and written engagement to perform such A ^f^f 1 ™ 
purpose, under the hand of such person being deposited SLSSSd to h* 
in the hands of such Archbishop or Bishop, and so de= » sufficient 
clared, shall be held a sufficient title with a view to 
such ordination ; and it shall be distinctly stated in his 
letters of ordination, that he has been ordained for cure 
of souls in His Majesty's foreign possessions. § I. 

No person admitted into holy orders for these pur- SSmpr. 
poses, shall be capable of holding or of being admitted any benefice^ 
to any benefice or other ecclesiastical dignity soever, & . c : in En s ,aQd 

J O J ' without cou- 

q seat. 



114 Ordination in the Diocese of Calcutta, [chap. VL 

within the United Kingdom or of acting as Curate 
therein, without the previous consent and approbation 
in writing, under the hand and seal of the Bishop of 
the diocese, in which any such benefice, &c. is locally 
situate, nor without the like consent of such one of the 
said Archbishops, or Bishop of London, by whom or 
by whose authority he had been originally ordained, 
or in case of the demise or translation of such Arch^ 
bishop or Bishop, or his successor in the same see, 
provided that no such consent shall be given unless 
the applicant first produces a testimony of his good 
behaviour during his residence abroad, from the Bishop 
in whose diocese he has officiated, or if no such Bishop 
from the Governor in Council of the Colony, in which 
he may have been resident or from the Colonial Secre- 
tary of State. § 2. 
N?P erson " r * By § 5, 3, no person admitted into holy orders, by 
shops of cai the Bishops of Quebec, Nova Scotia, or Calcutta, or 

cutta,NovaSco- 

tia, or Quebec, by any other Bishop or Archbishop, shall be capable 
dating in Eng- of officiating in any Church or Chapel, of England or 
conseat! ° U Ireland, without special permission from the Arch- 
bishop of the province, where he proposes to officiate, 
or of holding, or being admitted to any ecclesiastical 
preferment, in England or Ireland, or acting as Curate 
therein, without consent and approbation of the Arch- 
bishop, and of the Bishop of the diocese, wherein any 
such preferment or curacy is situate. 
And after the ^nd by & 4, 5, no person after the 2d of July 1819; 

2dof July 1819. J * r . J 

ordained deacon or priest, by any colonial Bishop, 
who at the time of such ordination, did not actually 
possess episcopal jurisdiction over some diocese, dis- 
trict or place, or was not actually resident therein, 
shall be capable of at any time holding preferment 
within His Majesty's dominions, or of being stipendiary 
Curate, or Chaplain, or of officiating in any place or 
manner as a Minister of the established Church of 
England, and Ireland, and all admissions, inductions, 
and appointments to curacies, made contrary to this 
act, shall be void. Burn, vol 3, p. 40. note. 



sect. IT.] Ordination in the Diocese of Calcutta. 115 

By the 24 Geo. 3, c. 35, after reciting that by the ** Geo. 3, cap. 
laws of the realm persons who are admitted into holy Dispensing ia 

1 * certain cases 

orders must take the oath of allegiance, and that there wki. the oath 

j. . r . ,. i of allegiance. 

are divers subjects of foreign countries, desirous that 
the word of God and the sacraments should be admi- 
nistered to them, according to the liturgy of the 
Church of England, by subjects or citizens of the said 
countries, ordained according to the form of ordination 
in the Church of England, power is given to the Bishop 
of London, or any other Bishop to be by him ap- 
pointed, to admit to the order of Deacon or Priest for 
the purposes aforesaid, persons, subjects or citizens of 
countries out of His Majesty's dominions, without 
requiring them to take the said oath of allegiance. 
But they are not to exercise their office within His 
Majesty's dominions. Burn, vol. 3, p. 38, note. 



SECTION ii. 

Of Orders, and Ordination in general ', and of the form 
annexed to the Book of Common Prayer ; and the time 
and place. 



THE above particulars being premised, the following of the offices 
observations concerning the offices of Priest and Dea- Deacon, 
con, and of ordination in general, may be added, as in 
many respects useful and applicable in a practical view. 

By Art. 25, orders are not to be accounted for orders not to 
a sacrament of the Gospel, as not having the like S^SSS? 
nature of sacraments with Baptism and the Lord's 
Supper; for, that they have not any visible sign or 
ceremony ordained of God. 

And by the preface to the forms of Consecration or orders ge - 
and Ordination, it is evident unto all men, diligently thTtimeso? 
reading the holy scriptures, and ancient anthors, that l eai)0SteSo 
from the apostle's time, there have been these orders 
of Ministers, in Christ's church ; Bishops, Priests and 



116 Ordination in the Diocese of Calcutta, [chap. VI. 

Deacons, which offices were ever more had in such 

And no man reverend estimation, that no man might presume to 

to execute ° l . 

them except he execute any of them, except he were first called, tried, 
and examined/ and examined, and known to have such qualities as 
And by public are requisite for the same, and also by Public Prayer 
FmpoYittcnof witn imposition of hands, approved and admitted 
hands. thereunto by lawful authority. Rubric. 

of the form of By Art. 36, the book of consecration of Archbishops 
annexed to the and Bishops and ordering of Priests and Deacons, 
mon Prayer" 1 lately set forth in the time of Edward the Sixth, and 
confirmed at the same time by authority of parliament, 
doth contain all things necessary to such consecration 
and ordering; neither hath it any thing, that of itself 
is superstitious and ungodly. And therefore whoso- 
ever are consecrated or ordered, according to the rites: 
of that book, since the second year of the forenamed 
King Edward, unto this time, or hereafter shall be 
consecrated or ordered according to the same rites, we 
declare all such to be rightly, orderly, and lawfully 
consecrated and ordered. And see Can. 8, Appendix^ 
as to the offence, in affirming the above repugnant. 
Timeand place. By Can. 31, no Deacon or Minister shall be made 
and ordained, but only upon Sundays, immediately 
following, " jejunia quatuor temptrum" commonly called 
Ember Weeks, appointed in ancient time for prayer and 
fasting, and so continued at this day in the Church of 
England. 

And by the preface to the form of consecration and 
ordination, it is prescribed that the Bishop may at the 
times appointed in the Canon, or else upon urgent 
occasion on some other Sunday or holiday, in the face 
of the Church, admit Deacons and Priests. 

And this to be done in the Cathedral or Parish 
Church where the Bishop resideth. Can. 31* 



sect. III.] Ordination in the Diocese of Calcutta. 117 



SECTION in. 



Of the Qualification and Examination of Candidates for 
Ordination in the Indian Diocese : the Oaths and Sub- 
scriptions to be taken and made; the Instruments 
necessary ; and Form of ordaining. 



Although by the recent statutes mentioned, the 
Bishop of Calcutta is undoubtedly authorized if he 
thinks proper so to do, to dispense with the titles for 
orders, necessary according to the ecclesiastical law 
in England, yet by the practice hitherto pursued in 
the Indian Diocese, it would seem to have been 
thought essential to the interests of the Church, as 
well as of Christianity, to attend as near as can be to 
all the rules laid down by the canons and the statutes 
in reference to the qualifications, testimonials, examina- 
tion, and other requisites as in England, and not wholly 
to dispense with some satisfactory document, by which 
it may be ascertained in what manner and by whom 
the persons to be ordained are intended to be main- 
tained in their office. With these brief preliminary 
remarks the following are now proceeded upon. 

By Can. 34, no Bishop shall admit any person into Qualification 
sacred orders, except he, desiring to be a Deacon, is na?ioa. ami " 
three and twenty years old ; and to be a Priest, four 
and twenty years complete ; for which also the reader 
may refer to the 44 Geo. 3, c. 43. 

And by the statute of 13 Eliz. c. 12, none shall 
be made Minister being under the age of four and 
twenty years. 

By a constitution of Otho f it is thus enjoined ; Necessary title, 
seeing it is dangerous to ordain persons unworthy, 
void of understanding, illegitimate, irregular, and illi- 
terate, we do decree, that before the conferring of 
orders, by the Bishop, strict search and enquiry be Examination 
made of all these things. Athon. 16. 



1 J 8 Ordination in the Diocese of Calcutta-, [chap. VI. 

^nSlTdTor* ^ nc * ^y a constitution of Archbishop Reynolds, no 
e * t cora T ni ~ d simoniac, homicide, person excommunicate, nor any 
mitted. other having canonical impediment, shall be admitted 

into holy orders. Lind. 33. 
Learning. And by Can. 34, no Bishop shall admit any person 

into sacred orders, except he hath taken some degree 
of school, in either of the two universities, or at the 
least, except he be able to yield an account of his faith, 
in Latin, according to the thirty-nine articles. 
Good life and And with respect unto Priest's orders in particular, 

doctrine and r 

competent it is thus directed by the statute of 13 Eliz c. 12, 
Ladn. ege ° none shall be made Minister, unless it appear to the 
Bishop that he is of honest life, and professeth the 
doctrine expressed in the Thirty-nine Articles ; nor un- 
less he be able to answer and render to the Ordinary 
an account of his faith in Latin, according to the said 
articles, or have special gift or ability to be a Preacher. 
To exhibit let- And the ordinary way by which all this must appear 

ters testimoni- , , .. . . . 

ai. to the Bishop, must be by a written testimonial y 

concerning which, it is directed by Can. 34, aforesaid, 
with respect both unto Deacon's and Priest's orders, that 
no Bishop shall admit any person into sacred orders, 
except he shall then exhibit letters testimonial of his 
good life and conversation, under the seal of some 
College of Cambridge, or Oxford, where before he 
remained, or of three or four grave Ministers ; together 
with the subscription and testimony of other credible 
persons, who have known his life and behaviour for the 
space of three years next before. 

As to priest's And with respect unto priest's orders in particular, 

orders in parti- it . g enactedj by ( he aforesaid statute of the 13 Eliz. c. 
12; that none shall be made Minister, unless he first 
brino* to the Bishop of that diocese, from men known 

Letters testt- to the Bishop to be of sound religion, a testimonial both 
of his honest life, and of his professing the doctrine 
expressed in the thirty-nine articles. 

By Can. 35, the Bishop before he admit any person 
to holy orders shall diligently examine him in the 



sect. III.] Ordination in the Diocese of Calcutta. 119 

presence of those Ministers, that shall assist him at the 
imposition of hands; and if the Bishop have any law- 
ful impediment, he shall cause the said Ministers 
carefully to examine every such person so to be 
ordained. 

When the Bishop intends to hold an ordination, all Candidates for 

1 when to appear 

who are desirous to be admitted into the ministry, aQd t0 bee *- 

. amioed, and by 

are to appear the fourth day before the ordination ; whom, 
and then the Bishop shall appoint some of the Priests 
attending him, and others skilled in the divine law, 
and exercised in the ecclesiastical functions, who shall 
diligently examine the life, age, and title, of the per- 
sons to be ordained ; at what place they had their 
education, whether they be well learned, whether they 
be instructed in the law of God. And they shall be ^ n \!° r how 
diligently examined for three days successively ; and 
on the Saturday, they who are approved, shall be 
presented to the Bishop. Gibs 147, See Dist. 24, c. 5, 
Burn, vol. 3, page 34. 

By the 31 Eliz. c. 6, if any person shall receive or simony. 
take any money, fee, reward, or any other profit, direct- 
ly or indirectly, or shall take any promise, agreement, 
covenant, bond, or other assurance to receive, or have 
any money, fee, reward, or any other profit, directly or 
indirectly, either to himself or to any other of his 
friends (all ordinary and lawful fees only excepted) 
for or to procure the ordaining, or making of any 
Minister, or giving of any orders or licence to preach ; 
and if, at any time within seven years next after such 
corrupt entering into the ministry or receiving of 
orders, he shall accept any benefice or promotion 
ecclesiastical, the same shall be void immediately upon 
his induction, investiture, or installation, and the 
Patron shall present or collate, or dispose of the same, as 
if he were dead, one moiety of which forfeitures are to 
be to the King, and the other to him that shall sue. § 10. 

By the 1 Eliz. c. 1 , and W. 3, c. 8, every person taking oaths and sub- 
orders, before he shall receive or take any such scnptl0ns# 



120 Ordination in the Diocese of Calcutta, [chap. VI. 

orders, shall take the oaths of allegiance and supre- 
macy before the Ordinary or Commissary. 

And by the 13 Eliz. c. 12, none shall be admitted 
to the order of Deacon, or Minister, unless he shall 
first subscribe to all the articles of religion agreed upon 
in convocation in the year 1562, which only concern 
the confession of the true Christian faith, and the 
* doctrine of the sacraments. § 5. 

And by Can. 36, no person shall be received into 
the ministry except he shall first subscribe to these 
three articles following. — For which see subscriptions in 
the precedents to this chapter. 

And for the avoiding of all ambiguities, such person 
shall subscribe in this form and order of words ; set- 
ting down both his Christian and surname, viz. " I. A. 
" B, do willingly and ex animo subscribe to these three 
" articles above mentioned and to all things that are 
" contained in them." Can. 36. 

Which subscription, as it seenieth, must be before 
the Bishop himself, 
whatdocu- The instruments therefore which would appear ne- 
prepared and cessary, in order to ordination in the Indian Diocese, 
Fndfan^ocet! at tlie present day, in reference to the preceding 
observations and rules, and which are to be trans- 
mitted to the Bishop of Calcutta, at least twenty days 
before the day of ordination, are as follow. 

1st. A signification of his name, and place of abode 
in the diocese. 

2ndly. A certificate of publication having been made 
in the Church, of his design to enter into holy orders, 

3rdly. Letters testimonial, of his good life and beha- 
viour. 

4thly. Certificate of his age. 

5thly. The title, or a certificate by whom he is to be 
maintained, in the Indian Diocese. 

6thly. If he comes for Priest's orders he must ex- 
hibit to the Bishop his letters of orders for Deacon. 



sect. IV.] Ordination in the Diocese of Calcutta. 121 

For the service, and the form and manner of ordain- As to the Ber- 
ing Deacons and Priests, the reader is referred to the 0^?^ 
Common Prayer Book in which the ceremony is given in the Churcho 
at length. 



SECTION IV. 



Of the Offices and Duties of Deacon and Priest after 

Ordination. 



It appertaineth to the office of a Deacon, in the Church ° f the offl ce of 
where he shall be appointed to serve, to assist the 
Priest in divine service, and specially when he minis- 
tereth the Holy Communion, and to help him in the 
distribution thereof, and to read the Holy Scriptures 
and Homilies in the Church, and to instruct the youth 
in the Catechism. Jn the absence of the Priest, to 
baptize infants ; and to preach, if he be licenced thereto 
by the Bishop himself. And furthermore, it is his office, 
where provision is so made, to search for the sick, 
poor, and impotent people of the parish, and to 
intimate their estates, names, and places where they 
dwell, unto the Curate, that by his exhortations they 
may be relieved with the alms of the parishioners or 
others. Rubric, in the form of Ordination. 

So far, the office of a Deacon is to be collected from 
the Rubric in the form of ordination, and from the form 
itself. And forasmuch as he is thereby permitted to 
baptize, to catechize, to preach, to assist in the adminis- 
tration of the Lord's Supper, so also, by parity of 
reasoning, he hath used to solemnize matrimony, and 
to bury the dead. Wats. c. 14. 

And, in general, it seemeth that he may perform all 
the other offices in the Liturgy which a Priest can do, 
except only consecrating the sacrament of the Lord's 
Supper (as hath been said) and except also the pro- 

R 



122 Ordination in the Diocese of Calcutta, [chap. VI, 

nouncing of the absolution; the reasons for which, 
may be found in, Burn, vol. 3, p. 45. 
of the office A Priest, by his ordination, receiveth authority to 
of Pnests. p reac h the word of God, and to consecrate and admi- 
nister the Holy Communion, in the congregation where 
he shall be lawfully appointed thereunto. 

Yet, notwithstanding, by Canon 36, he may not 

preach without a licence, either of the Archbishop, or 

the Bishop of the diocese where he is placed, under 

their hand and seal. Burn, vol. 3, p. 46. 

Offices of Dea- By C anon 76, no man being admitted a Deacon or 

con and Priest Minister, shall from thenceforth voluntarily relinquish 

not to be relin- .' - • 

qmshed upon the same, nor afterwards use himself in the course of 

pain of excom- . . 

munication. his life as a Layman, upon pain ot excommunication. 

Exhibiting let- Canon 137 ; every Parson, Vicar, and Curate shall 
at the Bishop's first visitation, or at the next visitation 
after his admission, shew and exhibit unto him his 
letters of orders to be by him allowed (or if there be 
just cause disallowed), and registered, and being by 
him approved, to be signed by the Registrar. 



ters of orders 
at visitations 



SECTION V. 

Forms relating to Ordination in the Diocese of Calcutta. 



Wo. l. Notice is hereby given, that The Right Reverend 



Registrars Lord Bishop of Calcutta, will hold an Ordination at in 

notice to be . . 

inserted in tbe °» tne — day of and that divine 

public papers, service will commence at o'clock. Of which, candidates for 

orders for the diocese of Calcutta are requested to take notice. 

No. 2. Notice is hereby given, that A. B (if any academical degree, add 

Form of Cler* t ^ e same \ f now resident in intends to offer 

gvman s notice ' 

or"siquis" himself a candidate for the holy office of Deacon (or Prie^) to be 

and of the cer- exerc j se( j W1 thin the limits of the diocese of Calcutta at the ensuing 
tificate of the te 

same having ordination of the Right Reverend Lord Bishop of Calcutta, 

inlhe ^Church an( * ^ an y person knows any just cause or impediment for which he 
where the can- ought not to be admitted into holy orders for the diocese aforesaid, 

didate usually . . .'„ , /> i • i i 

resides, to be he is now to declare the same, or to signify the same forthwith to the 



presented by Lord Bisho „ 
Uip nanriiflatfi. r 



\ 



sect. V.] Ordination in the Diocese of Calcutta. 123 

WE do hereby certify, that the above notice was publicly read by No. 3. 

Certificate 
the above. 



the undersigned in the Church at during the C 



time of divine service, on Sunday the day of and no 

impediment alleged. Witness our hands this — day of 

in the year of our Lord 

A. B Minister and Chaplain. 

C. D. A resident or other respectable person. 

Certificate of the candidate's baptism, or some satisfactory do- No. 4. 
cument that the party has attained the ape of 23 years, (if a Deacon) Certificate of 

r to J v / baptism. 

or 24 (if a Priest) and of his names, and degree. The form of which 
may be rendered very simple. 

TO the Right Reverend Father in God, Lord Bishop of Calcutta : No. 5. 

Whereas our beloved in Christ — — hath declared unto Form °[ let> 

, . . ^ . , ters testimo- 

us his intention of offering himself a candidate for the holy order of nial. 



' for the purpose of taking on himself the cure of souls 

within the limits of the diocese of Calcutta, and officiating and resid- 
ing within the same for that purpose, and for that end hath requested 
our letters testimonial of his good and honest life and conversation, 
and other qualifications to be granted to him ; we, whose names and 
seals are hereunto set, do testify by these presents, that we have 

personally known the life and behaviour of the aforesaid 

for the space of years, now last past, and that he hath, during 

the said rime, been a person of good and honest life and conversa. 
tion; and that he professeth the doctrine and discipline of the 
United Church of England and Ireland ; and we do believe in our 

Njonsciences that the said is qualified and worthy to be 

admitted (if it shall so please your Lordship) to the sacred order of 
■ Given under our hands and seals this day 



of in the year of our Lord 



[To be signed by three Clergymen,]' 

TO the Right Reverend Father in God by divine N 

permission Lord Bishop of Calcutta : Form of no- 

These are to certify your Lordship that we and ^^^ 

of do hereby nominate and appoint — serve when re- 



who is [or not, as may be] a British subject, to perform the office of a <1U1S1 

Minister and Chaplain [And as a Missionary, if it be so] at 

within the limits of your Lordship's diocese of Calcutta, and do 
promise to maintain him, and for that purpose to allow to him, no less 

than the yearly sum of and so to continue the same, unless 

for any fault by him committed, he shall be lawfully removed or 
interdicted to officiate ; and we do hereby declare that we do not 
fraudulently give this certificate to entitle the said .— — - 1$ 



124 Ordination in the Diocese of Calcutta, [chap. VI. 

receive holy orders, but with a real intention to continue and employ 
him as above, within the limits of your Lordship's diocese. Witness 

our hands this -' — day of in the year of 

A. B. 
C. D. 

Declaration I now residing at in the archdeaconry and 

?o d perfor e m the diocese of Calcutta, do hereby declare that it is my purpose to 

office. be ordained for the cure of souls, within the limits of the diocese 

of Calcutta, and do hereby promise, engage, and agree, to and with, 

the Right Reverend — Lord Bishop of Calcutta, and his 

successors, Bishops of Calcutta, that if so ordained I will faithfully, 
diligently, and to the best of my power and ability, perform the office 

of a for the cure of souls, within the limits of the diocese 

of Calcutta, and will reside and officiate in that capacity for that 
purpose within the limits of the said diocese of Calcutta. Witness 

my hand and seal this day of in the year of our 

Lord 

ArM, 



sjsct. V.] Ordination in the Diocese of Calcutta. 



125 



Forms: 



oaths. 



1. Of Allegiance. 

• now to be ordained 



C Deacon "} 

•J or > within the limits and juris - 

{_ Priest J 

diction of the diocese of Calcutta, do 

sincerely promise and swear, that I will 

be faithful and bear true allegiance to 

His Majesty King the 

So help me God. 



2. Supremacy. 

now to be ordained 



C Deacon } 
< or > within the limits and juris - 
t Priest S 

diction of the diocese of Calcutta, do 
swear, that I do from my heart abhor, 
detest and abjure, as impious and here- 
tical, that damnable doctrine and posi- 
tion that princes excommunicated or 
deprived by the Pope, or any authority 
of the see of Rome, may be deposed or 
murdered by their subjects or any other 
Whatsoever, and I do declare that no 
foreign prince, person, prelate, state or 
petentate, hath, or ought to have, any 
jurisdiction, power, superiority, pre-emi- 
nence or authority, ecclesiastical or 
spiritual, within His Majesty's Realm. 
So help me God. 



3. Canonical obedience. 

now to be ordained 



\wit 



juris- 



C Deacon 

< or !-within the limits and 
C. Priest 3 
diction of the diocese of Calcutta, do 
swear that I will pay true and canoni- 
cal obedience to the Lord Bishop of 
Calcutta and his successors in all things 
lawful and honest. 

So help me God. 



SUBSCRIPTIONS. 



I > -— now to be ordained 

C Deacon "} 

< or >within the limits and juris- 

(_ Priest } 

diction of the diocese of the Right 

Reverend the Lord Bishop of Calcutta, 

do willingly and ex animo, subscribe to 

the Thirty-nine Articles of the Church of 

England, and to all things that are 

contained in them, this day 

of in the year of our Lord — 

A.B. 



I, the above named 



do de- 



clare that I will conform to the Liturgy 
of the Church of England as it is now 
by law established. 

A.B. 



The three Articles. 

First— That the King's Majesty, under 
God, is the only Supreme Governor of 
this realm and of all other His Majesty's 
dominions and countries, as well in all 
spiritual or ecclesiastical things or causes 
as temporal, and that no foreign prince^ 
person, prelate, state, or potentate hath 
or ought to have any jurisdiction, power, 
superiority, pre-eminence, ecclesiastical 
or spiritual, within His Majesty's said 
realm, dominions, and countries. 

Second — That the Book of Common 
Prayer, and of ordering of Bishops, 
Priests, and Deacons, containeth nothing 
in it contrary to the word of God, and 
that it may lawfully be used ; and that 
I will use the form in the said book 
prescribed in public prayer and admi- 
nistration of the Sacraments, and none 
other. 

Third -That I allow the book of Ar- 
ticles of Religion, agreed upon by the 
Bishops and Archbishops of both pro- 
vinces and the whole Clergy, in the 
convocation holden at London, in the 
year of our Lord one thousand five hun- 
dred and sixty-two, and that I acknow- 
ledge all and every the articles therein 
contained, being in number nine-and- 
thirty, besides the ratification, to be 
agreeable to the word of God. 



I do willingly and ex animo, 

subscribe to these three articles above 
mentioned and to all things that are 
contained in them the day of 



in the year of our Lord ■ 



A.B. 



On the 



subscriptions 
at 



day of - 
3 made 



these 

before us 



C. Calcutta, 
which I attest, 

D. Re£. 



126 Ordination in the Diocese of Calcutta, [chap. VI. 

No. 8. BY the teuor of these presents We by divine permission 

coa'sOrdere! 8 " bishop of Calcutta, make known unto all men, that on 

in the year of our Lord — we, the Bishop before men- 
tioned, solemnly administering holy orders under the protection of the 

Almighty in our Cathedral Church of did admit our beloved 

ia Christ within our diocese and jurisdiction, of whose 

virtuous and pious life and conversation, and competent learning, and 
knowledge in the Holy Scriptures, we are well assured, into the holy 
order of Deacon, according to the manner and form prescribed and 

used by the Church of England, and him the said did 

then and there, rightly and canonically, ordain Deacon for cure of 
souls, within the limits of our diocese and jurisdiction of Calcutta 
only, he having first in our presence freely and voluntarily subscribed 
to the Thirty-nine Articles of Religion, and to the three articles 
contained in the Thirty-sixth Canon, and likewise having taken, 
the oaths appointed by law to be taken. In testimony whereof we 
have caused our episcopal seal to be hereunto affixed, the day and 
\ear above written, and in the year of our consecration. 

-No. 9. BY the tenor of these presents We — by divine per- 

Letters of m i ss i on Bishop of Calcutta, make known unto all men, that on 

in the year of our Lord We, the 

Bishop before mentioned, solemnly administering holy orders under 

the protection of the Almighty in our Cathedral Church of — 

did admit our beloved in Christ within our 

diocese and jurisdiction, of whose virtuous and pious life and conver- 
sation and competent learning and knowledge in the Holy Scriptures 
we are well assured, into the holy orders of Priest, according to the 
manner and form prescribed and used by the Church of England ; and 

him the said did then and there, rightly and 

canonically, ordain Priest for cure of souls within our diocese and 
jurisdiction of Calcutta only, he having first in our presence 
freely and voluntarily subscribed to the Thirty-nine Articles of 
Religion, and to the three articles contained in the Thirty-sixth 
canon, and likewise having taken the oaths appointed by law to be 
taken. In testimony whereof We have caused our episcopal seal to be 
hereunto affixed, the day and year above written, and in the - - 

year of our consecration. 



( 127 ) 
CHAPTER VII. 

CONFIRMATION IN THE DIOCESE OF CALCUTTA. 

SECTION I. 

Ejrtract from the Letters Patent. 



BY the Letters Patent of the second day of May, "tS^tSL 
A. D. 1814, express " power and authority is also given ° f 81 l 4 he 2d May 
" and granted to the Bishop, and his successors, Bishops Appendix. 
*' of Calcutta, to confirm those that are baptised and 
" come to years of discretion." 



SECTION II. 
Of the Office of Confirmation by the Rubric and Canons. 



In the office of Public Baptism, the Minister direct- office of eon- 
eth the godfathers and godmothers to take care, the cSSySom 
child be brought to the Bishop, to be confirmed by £ a e J^ tic ar 
him, so soon as he or she can say the Creed, the Lord's 
Prayer, and the Ten Commandments ; and be further 
instructed in the Church Catechism, set forth for that 
purpose. 

And by the Rubric, at the end of Baptism, of those 
that are of riper years, it is expedient that every 
person so baptized, shall be confirmed by the Bishop, 
so soon after his baptism as conveniently may be; 
that so he may be admitted to the Holy Communion. 

And by the Rubric, before the office of Confirmation : 
so soon as children are come to a competent age, and 
can say in their mother tongue, the Creed, the Lord's 
Prayer, and the Ten Commandments, and also can 
answer to the other questions of the Catechism, they 
shall be brought to the Bishop. 



128 Confirmation in the Diocese of Calcutta, [chap. VII. 

imposition of By Can. 60; forasmuch as it hath been a solemn, 
ancient, and laudable custom in the Church of God, 
continued from the Apostles times, that all Bishops 
should lay their hands upon children baptized and 
instructed in the Catechism of the Christian religion, 
praying over them, and blessing them, which we com- 
monly call Confirmation; and that this holy action 
hath been accustomed in the Church in former ages, 
to be performed in the Bishop's visitation every third 

Ererv Bishop . , ■, , . , -,. J 

to observe the year, we will and appoint that every Bishop or his 
Station! theu Suffragan, in his accustomed visitation, do in his own 
person, carefully observe the said custom : and if in 
that year, by reason of some infirmity he be not able 
personally to visit, then he shall not omit the execution 
of that duty of confirmation the next year after, as 
he may conveniently. 
No persons to By Can. 61; every Minister that hath cure and 
uni e P s7they d charge of souls, for the better accomplishing of the 
coL g toft a h n eir C " or ^ ers prescribed in the Book of Common Prayer, 
faith, &c. concerning Confirmation, shall take especial care that 
none shall be presented to the Bishop, for him to 
lay his hands upon, but such as can render an account 
of their faith, according to the Catechism in the said 
book contained ; and when the Bishop shall assign any 
time for the performance of that part of his duty, every 
such Minister shall use his best endeavour, to prepare 
and make able, and likewise to procure as many as he 
can to be then brought, and by the Bishop to be 
confirmed. 
Lists to be Aria! by the Rubric, whensoever the Bishop shall 

mane by the y r 

Ministers of give knowledge for children to be brought unto him 

those to be & ° .. ? 

confirmed. for their Confirmation, the Curate of every parish shall 
either bring or send in writing, with his hand sub- 
scribed thereunto, the names of all such persons within 
his parish, as he shall think fit to be presented to 
the Bishop to be confirmed ; and if the Bishop ap- 
prove of them, he shall confirm them according to the 
form in the Book of Common Prayer. 



sect. III.] Confirmation in the Diocese of Calcutta. 129 

And every one shall have godfather or godmother, 
as a witness of their confirmation. Ruhr. 

And no person shall be admitted godfather or gfd* 
mother, to any child at Confirmation, before the said 
person so undertaking hath received the Holy Com- 
munion. Can. 29. 

By the Rubric, at the end of the office of Con- 
firmation. There shall be none admitted to the Holy 
Communion until such time as they be confirmed, or 
be ready and desirous to be confirmed. 



SECTION III. 



Proceedings and other particulars as observed at Con- 
firmation in the Indian Diocese. 



In general, Confirmations in the Indian Diocese have Proceeding at 
been hitherto held at the times of episcopal visitation ; to"be inS* 
of which proceeding, and the time and place of holding Dl0Cese * 
the same, due notice is publicly given ; and a circular 
letter is usually addressed by the Bishop to the 
different Clergy, where the Confirmation is to be held, 
apprizing them of his purpose, and exhorting them as 
to their duty on the occasion. 

The following was the style of letter and exhortation 
adopted by Bishop Middleton, and ever since continued 
to be used. 

Calcutta, Bishop's lefter 

Rkverend Sir, - to the Clergy 

t i i-.- • • • i i i ^ n • forwarding the 

Intending by Divine permission to hold a Confirmation at — exhortation 

in the early part of ■ next, on a day to be hereafter specified, P rc P arato fy to 

J J r ' confirmation 

you are requested to read from the desk an exhortation, of which and instruct!- 
the Archdeacon will supply yoa with a copy, in your Church, before ons tbereon * 
the morning sermon, on every preceding Sunday ; filling up the blanks 
according to the occasion. 

I entreat you, at the same time, to instruct those who are commit- 
ted to your care, both publickly and privately, in the nature and 
benefits of Confirmation; and to dispose such of them, to apply for 
it, as having been baptized, and being fourteen years of age, o$ 

s 



130 Confirmation in the Diocese of Calcutta, [chap. VII. 

upwards, have not been confirmed already; and to prepare them 
diligently for receiving it; using your best endeavours, that they 
may not only be able to repeat their baptismal vow, and the rest of 
the Catechism, but may attain to a competent understanding of 
the doctrines and precepts of the Christian Religion, and come with 
a serious resolution to take upon themselves the profession and prac- 
tice of them. I desire also that you will charge them to behave 
decently and reverently during the service ; to give due attention to 
make their proper answers audibly; and to continue kneeling in 
their places, till they are dismissed with the blessing. Lastly, I beg 
that you will earnestly exhort them to proceed, within a reasonable 
time, to the Holy Communion; and to endeavour to preserve ever 
afterwards a strong sense of those things, which, at their Confirma- 
tion, they acknowledge themselves bound to believe and do. I pray 
God to bless you and all that are under your care, and 
I am, Reverend Sir, 

Your affectionate Brother and Servant, 
Calcutta. 



Notice and 
exhortation of 
the Clergy to 
be read in 
Churches. 



The Clergyman s Notice and Exhortation. 

Dearly Beloved Brethren, 

I am directed by the Bishop of this diocese, to give notice, that 

he purposes, by Divine permission, to hold a Confirmation in — 

some time in — next, on a day to be hereafter specified. 

I must therefore remind parents and guardians, and the conductors 
of schools, to teach the young persons committed to their charge, or 
the parties themselves, if of riper age, to consider, how incumbent 
it is upon them, according to the injunction of our Church, to renew, 
in their own persons, the vows and promises made by others for them, 
in their baptism, by this solemn rite of confirmation. 

For which end, it will be expedient for them, especially to read 
over with due attention, the office for Baptism in the Common 
Prayer; and consider both the blessings which belong to that holy 
ordinance, and the engagements to which all Christians are subject, 
by virtue of it, and to come to this rite, with a just sense of the pro- 
mises of the Christian covenant, and of the duties enjoined by it. 

And that they may come to the same* with purity of heart and 
sincerity of mind, it is further necessary that they look back upon 
their past lives, repent of all their known sins, and form a resolution 
of amending their lives for the future, and conforming to the rules 
of Christian obedience. 

Thus prepared, I must desire you, that are to offer yourselves, to 

come to me at and give me such account of 

your knowledge of the Christian Religion^ as is contained in the 



sect. III.] Confirmation in the Diocese of Calcutta. 131 

Church Catechism, in order that you may receive the ticket neces- 
sary for your admission. 1 shall expect proofs of your faith in the 
same, and of your reliance upon it for your future Salvation ; that I 
may, with a good conscience, present you to the Bishop, to be con- 
firmed by him. 

Remember above all, that in this ordinance, the chief part is your 
own ; that you enter solemnly into covenant with God, by the respon- 
ses which you are directed to make: after which, according to the 
practice of the Apostles, and the usage of the Church, you are to be 
blessed by the Bishop, and strengthened by his prayers. Performing 
then, your part well, doubt not, but God will bless the work, and 
persevering in this course, you may assuredly believe that you will, 
through the merits of your Redeemer, enjoy the privileges, and the 
comforts of the Gospel, while you remain in this world, and be 
admitted hereafter into those everlasting mansions which God hath 
prepared for his children. 



The foregoing exhortation has been usually read what notice 
by the Ministers and Chaplains at their respective lists, and order 

-j. . ............ , r ~, of proceeding 

Churches within their districts, on at least tour bun- in the Indian 
days prior to the day of Confirmation. Preparatory to 
the day fixed, lists of the persons or children of the 
respective stations or districts who are to be presented 
for Confirmation, are to be made out and signed by 
each Minister or Chaplain ; with the names numbered, 
which should be delivered either immediately before 
the time of Confirmation, or on the previous day by 
the Minister, to the Archdeacon, who, after Confir- 
mation, should hand the lists over with his signature 
thereto to the Registrar, to be deposited in his office. 

Tickets are also given and signed by the Minister 
or Chaplain to each party to be confirmed, as examined 
and approved, and which have run as follows. 

" A. B. examined for coyijirmation by me, C. Z>. 

" Minister or Chaplain at dated the — — 

"day of " 

Those tickets are to be delivered by the parties to be 
confirmed, to the officiating Minister or Chaplain, or 
more correctly, to the Bishop's Chaplain, when at the 
altar in the Church, immediately before receiving 
the rite. 



132 Confirmation in the Diocese of Calcutta, [chap. VII. 

It has been customary for those who are to be 
confirmed to assemble in the Church and to sit apart 
from the rest of the congregation ; at the proper time 
of the Service they proceed in succession to the altar* 
round which they kneel, and have been thus confirmed 
by the Bishop. 



Form of Notice of Confirmation. 

Notioe is hereby given that the Right Reverend Lord 

Bishop of Calcutta, purposes to hold a Confirmation in the 

Church of • — at on the day of 

next. Divine Service will commence at — o'clo k. 

Candidates for Confirmation are requested in the mean time to 
apply to their Minister or the officiating Chaplain of the station oe 
district* 

A. B. Registrar. 



( 133 ) 
CHAPTER VIII. 

CONSECRATION OF CHURCHES IN THE DIOCESE OF 
CALCUTTA. 

SECTION I. 

Of Consecration and Dedication in general 



IN the ancient English Canons we read that the dedi- Of consecration 
•-.! • i and dedicatioa « 

cation of Churches is known to have had its beginning 

under the Old Testament, and was observed by the 
Holy Fathers under the New Testament : under which 
it ought to be done with the greater care and dignity, 
because that, under the Old Testament, were only 
offered sacrifices of dead animals, but, under the New 
Testament, is commemorated by a bloodless offering on 
the altar the one true sacrifice once offered, of the only 
begotten Son of God. Wherefore the Holy Fathers pro- 
vided that so sublime an office should not be performed 
(unless in case of necessity) but in places dedicated. 
Athon. 7, Burn, vol \,p. 324. 

Also, by a constitution of Othobon; the Rector or if rector or 
Vicar of an unconsecrated Church shall apply to the unconsecrated 
Bishop (if it can conveniently be done) otherwise to shJiiappiy 
the Archdeacon, that he may apply to the Bishop, S^SS" 
within a year after the building of the Church for the tio11. 
Consecration thereof, upon pain of suspension until 
they comply. Athon. 83. 



SECTION II. 
Of Churches and Chapels and particulars relating thereto. 



A Church (Ecclesia) is laid down to be a temple, or Under painof 
building consecrated to the honor of God and reli- sus P ension « 
gion, and anciently dedicated to some Saint, whose 
name it assumed. 



134 Consecration of Churches [chap. VIII. 

Strarionof A church > to be adjudged such in law, must have 
sacraments and administration of the Sacraments and Sepulture annex- 

sepulture. L 

ed to it. And albeit, Churches or Chapels may be 
built by any of the King's subjects, yet before the 
law takes knowledge of them to be Churches or 
Andconsecra- Chapels, the Bishop is to consecrate or dedicate the 
same, and this is the reason that a Church or not a 
Church, a Chapel or not a Chapel shall be tried and 
certified by the Bishop. 3 Inst. 203. And before Con- 
secration, Sacraments are not to be administered there- 
in. Burn, vol. 1, p. 322; and in some cases must be 
reconsecrated. Id. 
chuJSfshouid A Church, in general, should consist of three princi- 
a°beifr ; or P a * parts, that is, a belfry or steeple, the body of the 
steeple, aisle, Church ; including, in larger buildings, aisles or wings, 

chancel, and . 

cemetery. and the chancel betwixt the quire and the body, and 
also have a church-yard, cemetery or dormitory sur- 
rounding or annexed to it. See also Burn, Id. And 
by the Canons, Churches are to be provided with the 
great Bible, and book of Common Prayer, a font 
of stone for baptism, a decent communion table, and 
a pulpit. 

Chapels what. A Chapel is laid down to have been, at first, only a 
tent or tabernacle ; and sometimes a Chapel was 
formerly called a field church, being nothing more 
than a covering from the inclemency of the seasons. 
Burn, vol. I, page 296. At present there are diversities 
of chapels ; some are called private, being built by, 
and endowed, and belong to private individuals. Degge, 
p. 1, c. 12. Free Chapels are those exempt from all 
ordinary jurisdiction, Gibs. 210. Chapels of Ease are 
those under a mother church, being only for prayers 
and preaching (sacraments and burials being reserved 
to and performed at the mother church), Gibs. 209. 
And Parochial Chapels are those having the right 
of christening and burials, and differing in nothing 
from a Church, but the want of a rectory and endow- 
ment. Degge, p. 1, c. 12. 



sect. III.] in the Diocese of Calcutta. 135 

SECTION III. 
Of the Churches in general in the Indian Diocese. 



In the Indian Diocese no regular provision or endow- churches in the 

L Indian diocese. 

ment for the constant and permanent supply of eccle- 
siastical ministrations, have hitherto taken place, as in 
the dioceses in England. By far the greater part of 
the Churches and Chapels or other places of worship 
in the diocese of Calcutta, have been built by, and fur 
the most part therefore belong to the local Govern- 
ments, and are upheld at their expence. The local 
Governments appoint also their respective Chaplains 
to officiate at the same, upon stipends or salaries 
removable at their will, or according to the regulations 
of the particular service; nor has a pledge in any 
instance been given for a fixed and settled Ministry to 
officiate at anyofthe Churches. The Collegiate Chapel 
of Bishop's College may however be cited as an excep- 
tion to the above remark ; the Incorporated Society 
that founded the College being pledged to the supply 
of Professors and other Domiciliary Clergy for the 
permanent performance of divine worship in that place.* 

Since the episcopal establishment of the Indian in India request 

. and consent of 

diocese, the practice, on Consecration, has been for the the local Go- 

t». ! r s-v i n . 1 vernment to 

Bishop of Calcutta to require, first, the request or consecrate, 
application and consent in writing of the local Govern- 
ment to consecrate, and in one or two instances the 
property has been first regularly made over. 

But if the Church or Chapel belongs to or is the Uri,ess the . 

1 ° Church be pn- 

property of private individuals, the Bishop has always vateiy endow- 
required a proper deed of endowment, or donation, or 
such other deed of trust for the purposes of Consecra- 
tion as may be sufficient for supporting, maintaining, 

* The Author has given in the Appendix Bishop Middle ton's Letter to the 
Reverend A. Hamilton, enumerating the objects of the institution of Bishop's 
College. 



136 Consecration of Churches [chap. VIII, 

and upholding permanently the Church and Service, 

and protecting the property from being again converted 

to common or profane uses. 

private cha- There are, in some parts of that diocese, a few 

pels in the in- Chapels, or places of a private nature, held upon trust 

dian diocese. A * l l 

by individuals, for the purposes of public worship, arid 
as they do not belong to Government, or any corporate 
body, and have been refused to be endowed or made 
over for the purposes of Consecration, (such for in- 
stance, as the one at Calcutta called the Old or 
Mission Church) the Bishops of that diocese have 
hitherto objected to consecrate property so held ; but 
with the view of approximating to English forms, 
have granted licences to Ministers regularly ordained, 
to perform divine worship therein, subject to revocation 
on sufficient cause. 

By the ecclesiastical law, Divine Service is not to 
be administered within a parish without consent of the 
incumbent, and the licence of the Bishop, and that only 
in writing under his hand and seal, to which, in some 
instances, must be added the consent of the patron ; and 
the person officiating without such consent is subject 
4.0 ecclesiastical censures. Carr v. Marsh, 2 PhilL 
Rep. 202, 204, 206, 207 ; and Trebec. v. Keith, 2 Atk. 
499. And see (amongst others) stat. 52 G. 3, c. 155, 
■§ 2. In the dioceses in England no congregations for 
religious worship of Protestants (at which there shall be 
present more than twenty persons, besides the imme- 
diate family and servants of the person in whose 
house or upon whose premises such meeting, congre- 
gation, or assembly, shall be had) shall be permitted, 
unless and until the place of such meeting (if it has not 
been duly certified and registered under any former 
act relating to registering places of religious worship) 
has been duly certified to the Bishop of the diocese, or 
to the Archdeacon of the archdeaconry as therein men- 
tioned. And all such places, and particularly where 
banns are to be published, are directed first to be 
registered. 



sect. III.] in the Diocese of Calcutta. 137 

In general, the Churches or Chapels, and burial To whom 

. l . Churches, &c. 

grounds, in the Indian diocese, are entrusted to the sole entrusted. 
care and superintendance of the officiating Minister 
or Chaplain : for, in that diocese, there can be no 
legally elected or constituted Churchwardens, as in the 
dioceses in England. 

Should any practical information be required in re- 
ference to supposed rights as to Church, burial ground, 
seats, pewage, monuments, repairs, and other particu- 
lars, the reader is referred to Bums EccL Law, vol. 1, 
p. 320, title Church, where the law is fully detailed; 
but where Churches have been comparatively so re- 
cently introduced, any provision, relating to such 
matters, must depend either on local authority or usage, 
or on the trust deed under which the property is held, 
or by which any Church may happen to have been 
founded or established. 

The appointment of Clerk, and other subordinate^;:;^ 18 
officers, rests, in most cases, in the Indian diocese, with ^ or ^ n ^ . 

* officers rest in. 

the officiating Minister, or Chaplain, who is permitted general with 

° . ; ' . r the officiating 

by the local authorities to nominate them. Minister or 

Books for the reading desk, communion plate, Books, piate, 

&.C in frpnprjil 

register books, surplices, and other usual and necessary provided by 
things appertaining to Churches, are provided, in gene- vemmTnts. " 
ral, by the respective local Governments ; with all such 
however, the ecclesiastical functionaries have not 
interfered ; such property is also intrusted to the To wh p ra in * 

r r * trusted. 

keeping and responsibility of the officiating Minister or 
Chaplain. Asa general rule, and with the view to assi- Suggestions. 
milate the practice, to that of the dioceses in England, 
the Clergy of the Indian diocese, in their ecclesiastical 
character, would do well perhaps, to place themselves 
in direct communication with their respective Arch- 
deacons (whose appointments in this country, as created 
by the British Crown, would seem virtually to imply 
the important archidiaconal duty to be in them, of 
general superintendence in those respects) in relation 
to all such matters, and make applications through 

T 



138 Consecration of Churches [chap. VIII. 

them. The recommendations by the Archdeacons, 
might possibly also be considered, to strengthen all 
requests in regard to repairs, enlargements, or other 
necessaries. 



SECTION IV. 

Proceedings and Instruments to be prepared previously to 

Consecration, in the Indian Diocese. 



ed^iuoSe"*" IN a diocese so extensive as that of the diocese of 

cranon. Calcutta, it must frequently be inconvenient for the 

Bishop to proceed immediately to consecrate an edifice 

newly founded and raised. In such a case, it has been 

usual for him, on a petition, signed by the Minister and 

principal residents at the place, to grant his licence to 

the Minister to perform divine service therein until 

consecration. The forms of such a petition and licence 

are given in the present chapter, and may be adapted 

also to Chapels, not intended to be consecrated, or 

other temporary places of worship. 

Requisites pre- Preparatory to consecrating a Church and cemetery it 

conStion. is necessary that the building, and cemetery (if there be 

one) should be fenced in or enclosed, and the abuttals 

Church and ' r . 

church-yard to and specific admeasurement in teet should be stated ot 
the size of the building, and of the ground. The fol- 
instruments to lowing are the instruments necessary to be then 
to be P re P ared - obtained or prepared : first, a request or application for 
consecration on the part of the local Government, or 
else the deed of donation and endowment, as may be ; 
second, a petition to the Bishop to consecrate, to be 
signed^y the Minister, and no less than twenty of the 
principal residents of the place ; third, a notice of conse- 
cration, to be fixed on the Church door three days 
Toefore; fourth, the sentence of consecration for the 
Church ; fifth, the same for the Church-yard. Similar 
proceedings are necessary to be observed in the case of 
ground being added to any former consecrated ceme- 
tery. Forms for all the foregoing are also added in this 
chapter. 



sect. V.] in the Diocese of Calcutta, 139 

SECTION V. 

Preparations, and Form of Consecration, as given in 
Burn, (for which see Burn, Eccl. Law, vol. 1, 
page 327 J adapted to the Indian Diocese. 



The Church is to be paved, and furnished with a Proceedings 
reading desk, Common Prayer, and great Bible, and consecration. 
one or more surplices; as also with a pulpit and 
cushion, a font, and a communion table, and with 
linen, and vessels for the same. 

The endowment, and the evidences thereof, are to 
be laid before the Bishop or his Chancellor, some time 
before the day appointed, in order to the preparing of 
the act or sentence of consecration against that day. 

An intimation of the Bishop's intention to consecrate 
the Church, with the day and hour appointed for it, is to 
be fixed on the Church door at least three days before. 

A chair is to be set for the Bishop on the north side 
of the communion table, within the rails ; and another 
for his Chancellor* without the rails, on the same side. 

All things are to be prepared for a communion. 
The Church is to be kept shut, and empty, till the 
Bishop comes, and till it be opened for his going in. 

The Form of consecrating a Church. 

The Bishop is to be received at the west door, or at 
some other part of the Church, or Church-yard, which 
is most convenient for his entrance, by some of the 
principal inhabitants. 

At the place where the Bishop is received, a petition 
is to be delivered to him by some one of the persons 
who receive him, praying that he will consecrate the 
Church. 

The Petition is to be read by the Registrar. 

The Bishop, his Chaplains, the Preacher, and the 
Minister who is to read divine service, together with 

* In. the diocese of Calcutta, the Commissary or Archdeacon, acts as Chancellors 
on these occasions. 



140 Consecration of Churches [chap. VIII. 

the rest of the Clergy, if any other be present, enter 
the Church, and repair to the vestry, or (if there be no 
vestry) to some convenient part of the Church, where 
as many as are to officiate put on their several habits; 
during which time the parishoners are to repair to their 
seats, and the middle aisle is to be kept clear. 

As soon as the Church is quiet, the Bishop and his 
Chaplains, with the Preacher and the Minister who is 
to officiate, and the rest of the Clergy, if any other 
be present, return to the west door, and go up the 
middle aisle to the communion table, repeating the 
24th Psalm alternately, as they go up, the Bishop one 
verse, and they another. 

Psalm XXIV. 

1. The earth is the Lord's, and all that therein is: 
the compass of the world, and all that dwell therein. 

2. For he hath founded it upon the seas : and pre- 
pared it upon the floods, 

3. Who shall ascend into the hill of the Lord, or who 
shall rise up in his holy place ? 

4. Even he that hath clean hands, and a pure heart: 
and that hath not lift up his mind unto vanity, nor 
sworn to deceive his neighbour. 

5. He shall receive the blessing from the Lord : and 
righteousness from the God of his salvation. 

6. This is the generation of them that seek him : even 
of them that seek thy face, O Jacob. 

7. Lift up your heads, O ye gates ; and be ye lift up, 
ye everlasting doors : and the King of glory shall 
come in. 

8. Who is the King of glory ? it is the Lord, strong 
and mighty, even the Lord mighty in battle. 

9. Lift up your heads, O ye gates ; and be ye lift 
up, ye everlasting doors : and the King of glory shall 
come in. 

10. Who is the King of glory? even the Lord of 
hosts, He is the King of glory. 



sect. V.] in the Diocese of Calcutta. 141 

The Bishop and his Chaplains go within the rails ; the 
Bishop to the North side of the communion table and 
the Chaplains to the South side ; the Minister officiating 
goes to the reading desk, and the Preacher to some 
convenient seat near the pulpit. 
The Bishop, sitting in his chair, is to have the instrument 
or instruments of donation and endowment presented to 
him by the Founder, or some proper substitute ; which 
he lays upon the communion-table, and then standing 
up, and turning to the Congregation, says, 
" Dearly beloved in the Lord ; forasmuch as devout 
and holy men, as well under the law as under the 
gospel, moved either by the secret inspiration of the 
Blessed Spirit, or by the express command of God, or 
by their own reason and sense of the natural decency of 
things, have erected houses for the public worship of 
God, and separated them from all profane and common 
uses, in order to fill men's minds with greater reverence 
for his glorious Majesty, and affect their hearts with 
more devotion and humility in his service ; which pious 
works have been approved and graciously accepted by 
our Heavenly Father : Let us not doubt but He will 
also favourably approve our godly purpose, of setting 
apart this place in solemn manner to the performance 
of the several offices of religious worship, and let us 
faithfully and devoutly beg His blessing on this our 
undertaking. " 

Then the Bishop kneeling, says the following prayer. 

" O Eternal God, mighty in power, and majesty in- 
comprehensible, whom the Heaven of Heavens cannot 
contain, much less the walls of temples made with 
hands, and who yet hast been graciously pleased to 
promise thy especial presence in whatever place even 
two or three of thy faithful servants shall assemble in 
thy name, to offer up their praises and supplications 
unto Thee ; vouchsafe, O Lord, to be present with us, 
who are here gathered together, with all humility and 



142 Consecration of Churches [chap. VIII. 

readiness of heart to consecrate this place to the hcnour 
of Thy great Name; separating it from henceforth 
from all unhallowed, ordinary, and common uses, and 
dedicating it to thy service, for reading thy holy word, 
for celebrating thy holy sacraments, for offering to thy 
glorious Majesty the sacrifices of prayer and thanks- 
giving, for blessing thy people in thy name, and for the 
performance of all other holy ordinances Accept, O 
Lord, this service at our hands, and bless it with such 
success, as may tend most to thy glory, and the fur- 
therance of our happiness, both temporal and spiritual^ 
through Jesus Christ, our blessed Lord and Saviour. 
Amen." 
After this let the Bishop stand up, and turning his face 

toward the Congregation, say, 

" Regard, O Lord, the supplications of thy servants; 
and grant, that whosoever shall be dedicated to Thee 
in this house by Baptism, may be sanctified with the 
Holy Ghost, delivered from thy wrath and eternal 
death, and received as a living member of Christ's 
church, and may ever remain in the number of thy 
faithful and elect children. Amen. 

" Grant, O Lord, that they who at this place shall in 
their own persons renew the promises and vows made 
by their sureties for them at their Baptism, and there- 
upon shall be confirmed by the Bishop, may receive 
such a measure of thy Holy Spirit, that they may be 
enabled faithfully to fulfil the same, and grow in grace 
unto their lives end. Amen. 

66 Grant, O Lord, that whosoever shall receive in this 
place the Blessed Sacrament of the body and blood of 
Christ, may come to that holy ordinance with faith, 
charity, and true repentance ; and, being filled with 
thy grace and heavenly benediction, may, to their 
great and endless comfort, obtain remission of their 
sins, and all other benefits of his passion. Amen. 

" Grant, O Lord, that by thy holy word which shall 
be read and preached in this place, and by thy Holy 



sect. V.] in the Diocese of Calcutta. 143 

Spirit, grafting it inwardly in the heart, the hearers 
thereof may both perceive and know what things they 
ought to do, and may have power and strength to fulfil? 
the same. Amen. 

*' Grant, O Lord, that whosoever shall be joined 
together in this place in the holy estate of Matrimony, 
may faithfully perform and keep the vow and covenant 
betwixt them made, and may remain in perfect love 
together unto their lives end. Amen. 

" Grant, we beseech Thee, Blessed Lord, that who- 
soever shall draw near unto Thee in this place, to give 
Thee thanks for the benefits which they have received 
at thy hands, to set forth thy most worthy praise, ta 
confess their sins unto Thee, and to ask such things as 
are requisite and necessary, as well for the body as 
the soul ; may do it with such stedfastness of faith, and 
with such seriousness, affection, and devotion of mind, 
that Thou mayest accept their bounden duty and ser- 
vice, and vouchsafe to give whatever in thy infinite 
wisdom Thou shalt see to be most expedient for them : 
All which we beg for Jesus Christ his sake, our Blessed 
Lord and Saviour. Amen' 1 

The Bishop sitting in his chair, the sentence of consecration 
is then read by the Chancellor ',* after which, the sentence 
is signed by the Bishop, and by him ordered to be 
registered, and then laid upon the communion-table. 

After this, the person appointed is to read the service for 
the day, except where it is otherwise directed. 
Proper Psalms, 84, 122, 132. 
First Lesson, 1 Kings 8, from v. 22 incl. to v. 62. 
Second Lesson, Hebr. 10, from v. 19, incl. to v. 26. 

After the Collect for the day, the Minister who reads the 
service stops till the Bishop hath said the following 
prayer, 



* The Archdeacon or Commissary. 



144 



Consecration of Churches [chap. VIIL 

" O most Blessed Saviour, who, by thy gracious pre- 
sence at the feast of dedication, didst approve and 
honour such religious services as this which we are 
now performing unto Thee, be present at this time 
with us also by thy Holy Spirit; and, because holiness 
becometh thine house for ever, sanctify us, we pray 
Thee, that we may be living temples, holy and accep- 
table unto Thee ; and so dwell in our hearts by faith, 
and possess our souls by thy grace, that nothing which 
defileth may enter into us; but that, being cleansed 
from all carnal and corrupt affections, we may ever be 
devoutly given to serve Thee in all good works, who 
art our Saviour, Lord, and God, blessed for evermore. 
Amen" 
Then the Minister proceeds in the service of the day, to 

the end of the general thanksgiving. After which, the 

Bishop says the following prayer, 

" Blessed be thy Name, O Lord, that it hath pleased 

Thee to put it into the hearts of thy servants to 

erect this house to thy honour and worship. Bless, O 
Lord, them, their families, and substances, and accept 
the work of their hands ; remember them concerning 
this; wipe not out this kindness that they have shewed 
for the house of their God and the offices thereof; and 
grant that all, who shall enjoy the benefit of this pious 
work, may shew forth their thankfulness by making a 
right use of it, to the glory of thy blessed Name, 
through Jesus Christ our Lord. Amen. 

Then the Minister who officiates is to go on with the 
prayer of St. Chrysostom, and the Grace of our Lord 
Jesus Christ. 

Then a Psalm is to he sung, with Gloria Patri. 



sect. V.] in the Diocese of Calcutta. 145 



COMMUNION SERVICE. 



The Bishop, standing on the north side of the communion 

table, as before, reads the communion service. 
After the Collect for the King, he says the following 
prayer, 

O most glorious Lord God, we acknowledge that we 
are not worthy to offer unto Thee any thing belonging 
to us ; yet we beseech Tnee, in thy great goodness, 
graciously to accept the dedication of this place to 
Thy service, and to prosper this our undertaking : 
Receive the prayers and intercessions of us, and all 
others thy servants, who either now or hereafter enter- 
ing into this house shall call upon Thee ; and give 
both them and us grace to prepare our hearts to serve 
Thee with reverence and godly fear : Affect us with 
an awful apprehension of thy Divine Majesty, and a 
deep sense of our own unworthiness ; that so, ap- 
proaching thy sanctuary with lowliness and devotion, 
and coming before Thee with clean thoughts and pure 
hearts, with bodies undefiled and minds sanctified, we 
may always perform a service acceptable to Thee, 
through Jesus Christ our Lord. Amen. 

The two Chaplains are to read, one the epistle, and the 

other the gospel. 

The Epistle, 2 Cor. 6, v. 14 incl. to v. 17. 

The Gospel, John 2, v. 13 to v. 18, incl. 
Hun the Bishop reads the Nicene Creed. After which, 

a Psalm is sum. 



V 



146 Consecration of Churches [chap. VIII, 

SERMON. 



The Sermon being ended, and all who do not receive the 
Holy Communion returned, and the doors shut ; the 
Bishop proceeds in the communion service; and he and 
the Clergy having made their oblations, the persons 
appointed collect the offerings of the rest of the 
Congregation. 
After the Communion, and immediately before the final 
blessing, the Bishop says the following prayer, 
Blessed be thy Name, O Lord God, for that it 
pleaseth Thee to have thy habitation among the sons of 
men, and to dwell in the midst of the assembly of the 
saints upon earth ; bless, we beseech Thee, the religi- 
ous performance of this day: And grant that in this 
place, now set apart to thy service, thy holy Name 
may be worshipped in truth and purity to all genera- 
tions, through Jesus Christ our Lord. Amen. 

The peace of God, which passeth all understanding, 
keep your hearts and minds in the knowledge and love 
of God, and of his son Jesus Christ our Lord : And the 
blessing of God Almighty, the Father, the Son, and the 
Holy Ghost, be amongst you, and remain with you 
-always. Amen. 

CONSECRATION OF THE CEMETERT. 



When the church service is finished, the Bishop, Clergy, 
and People, proceed to the Cemetery. And, the Bishop 
standing in the place prepared for the performance of 
the office there, the act or sentence of consecration is 
read by the Chancellor, * and signed by the Bishop, 
and ordered to be registered. 

O God, who hast taught us, in thy Holy Word, that 
there is a difference between the spirit of a beast that 
goeth downwards to the earth, and the spirit of a man 
which ascendeth up to God who gave it : and likewise 

* The Commissary, in the Indian Diocese. 



sect. V.] in the Diocese of Calcutta. W7 

by the example of thy holy servants in all ages, hast 
taught us to assign peculiar places, where the bodies 
of thy saints may rest in peace, and be preserved 
from all indignities, whilst their souls are safely kept 
in the hands of their faithful Redeemer : Accept, we 
beseech Thee, this charitable work of ours, in separa- 
ting this portion of ground to that good purpose ; and 
give us grace, that, by the frequent instances of mor- 
tality which we behold, we may learn and seriously 
consider how frail and uncertain our condition hereon 
earth, is, and so number our days as to apply, our 
hearts unto wisdom. That in the midst of life, think- 
ing upon death, and daily preparing ourselves for the 
judgment that is to follow, we may have our part in the 
resurrection to eternal life, with Him who died for our 
sins, and rose again for our justification* and now 
liveth and reigneth with Thee and the Holy Ghost, one. 
God, world without end. Amen. 

The grace of our Lord Jesus Christ, and the love of 
God, and the fellowship of the Holy Ghost, be with us 
all evermore. Amen. 

CONSECRATION OF A CHURCH-YAKD SINGLY, 



The ordinary service for the day is to be read at the of a church- 

Church, except where it is otherwise ordered. yard singly -' 

Psalms, 39, 90. 

First lesson, Gen. 23. 

Second lesson, John 5, v. 21, inch to v. 30; 
or 1 Thess. 4, v. 13, to the end. 

When the service at the Church is over, the Bishop, Clergy, 
and Parishioners repair to the ground which is to be 
consecrated: and the Bishop, standing in the place 
prepared for the performance of the office says, 
The glorious Majesty of the Lord our God be upon 

us ; prosper thou the work of our hands upon us, O 

prosper thou our handy wotd. 



148 Consecration of Churches [chap. VIII. 

Then the instrument of donation is presented to the Bishop. 

Next, the act or sentence of consecration is read by 
the Chancellor *, and signed by the Bishop, and 
ordered to be registered. 

This done, the Bishop reads the Prayer that is 
before directed to be used in a Church-yard which is 
consecrated together with the Church. 

Then are sung two staves of the 39th psalm, viz, 
y. 5,6, 7,8. 

After which the Bishop lets them depart with the blessing. 
The peace of God which passeth all understanding, 
keep your hearts and minds in the knowledge and love 
of God and of his Son Jesus Christ our Lord ; And 
the blessing of God Almighty, the Father, the Son, 
and the Holy Ghost, be amongst you, and remain with 
you always. Amen. 



SECTION VI. 
Forms : 



To the Right Reverend Father in God 



by divine permission Lord Bishop of Calcutta. 



No. l. The humble petition of the Reverend — - Minister or 

Petition to con. Chaplain at in the archdeaconry of . 

secrate adapted \ J 

to Church and within your Lordship's diocese and jurisdiction, and of the several 

Burial ground. residents and inhabitants in and about the same place, whose 

names and signatures are hereunto subscribed. 
Sheweth ; 

That the new Church or edifice at — : ■ — abovementioned 

called and which has been lately erected, built and 

finished by and at the expence of — — r*J — =-± containing in length 

from East to West — ^- feet, and in -width from North to South 

feet, inclusive of the exterior walls, and the present Burial 

ground of aforesaid, belonging to the said Church, consisting 

* The Commissary, in the ladiaa Dioeesau 



sect. VI.] in the Diocese of Calcutta. 149 

of all that piece or parcel of ground as the same is inclosed around, 

containing by admeasurement — and lying and being in 

■f-i and abutting as follows, that is to say, towards the East 

to the and containing by admeasurement on that side 



feet, towards the West to the and containing by admeasure- 
ment on that side — - ■ — - feet, towards the South to — and con- 
taining by admeasurement on that side — — feet, and towards the 

North — and containing by admeasurement on that side — 

feet have not yet been consecrated. 

That your petitioners have obtained the sanction of the Govern- 
ment of — : — testified in the letter annexed hereto, marked 

to make this application to your Lordship for the regular consecra- 
tion of the said Church for the celebration of divine service therein 
according to the United Church of England and Ireland. 

Your petitioners therefore humbly pray, that your Lordship will be 
pleased by virtue of your pastoral and episcopal office to separate the 
said edifice or building from all profane uses, and to dedicate and 
consecrate the same to the honour and worship of Almighty God, and 

assign it to be perpetually the Church of— at & 

aforesaid to the aforesaid use, and also to consecrate and set apart 
and appropriate the said Burial ground abovementioned as the 
Cemetery of the said Church, from all profane and common uses. 

And your petitioners will ever pray. 

The deed of donation or endowment is usually drawn up in the No. 2. 
form of a conveyance in fee ; and contains the terms of the endow- 
ment, and the necessary covenants. The form given in the 58 Geo. 3, 
c 45, § 37, might be made applicable for Churches founded in the 
diocese of Calcutta. 

In the name of God, Amen. Whereas we did lately receive the e t No * 3# , 
. . J sentence of 

petition of the Reverend — Minister or Chaplain at — Consecration 

in the archdeaconry of within our diocese and juris- ° fa Church * 

diction, and of the several residents and inhabitants in and about the 
same place, whose names and signatures were thereunder subscribed 
humbly praying, (amongst other things,) that we would be pleased by 
virtue of our pastoral and episcopal office to consecrate the new 

Church, or edifice at- aforesaid, to be called — Church. And 

whereas we have taken the said petition into our most serious consi- 
deration, and have at the special request and consent thereto of the 

Government of complied with the same, We — - by divine 

permission Bishop of Calcutta, do therefore, by virtue of our ordinary 
and episcopal authority, now separate and set apart the said place, 
edifice or structure, containing in length from East to West feet 



150 Consecration of Churches [chap.* Villi 

and in width from North to South feet, from all profane 

or common uses, and do hereby dedicate the same as the Church of 

Saint 1 at aforesaid, to God and divine worship, and 

do consecrate it for the celebration of divine service therein- 
according to the United Church of England and Ireland, and we do 
openly and publicly pronounce and declare that it shall so continue" 
for ever hereafter separated, dedicated, and consecrated, by this our 
definitive sentence or final decree, which we make, pronounce, and 
promulge in these writings ; saving and reserving unto us and our 
successors, Bishops of Calcutta, all ordinary and episcopal jurisdiction, 
rights and privileges. In testimony whereof we have caused our 

episcopal seal to be hereunto affixed, this day of 

in the year of our Lord and in the year o£ 

our consecration. 



No. 4. 
Sentence of 
Consecration 
of the Burial 
ground. 



In the name of God, Amen. We — by divine permission: 

Bishop of Calcutta, taking into consideration the pious and religious- 
desires of the residents and inhabitants of : in the arch- 
deaconry of in our diocese and jurisdiction of Calcutta, do 

decree this piece of ground, as the same is enclosed around, contain- 
ing on the East side feet, on the West side — feet; 

on the South side feet, and on the North side ~ feet; 

or thereabouts, to be separated from all ancient, common, and profane 
uses, and do by our ordinary and episcopal authority assign, dedicate, 
and consecrate it as the Churchyard, Cemetery, or Burying place, for 

the dead bodies of the residents and inhabitants of aforer 

said; and we do openly and publicly pronounce, decree, and declare, 
that the same shall for ever hereafter continue so separated, assigned, 
dedicated, and consecrated, by this our definitive sentence or final 
decree, which we make and promulge in these writings ; saving 
always, and in all things, to ourselves and our successors, Bishops 
of Calcutta, all ordinary and episcopal jurisdiction, rights and 
privileges. In testimony whereof we have caused our episcopal 

seal to be hereunto affixed, this— day of —in the 

year of our Lord > and in the year of our 

consecration. 



No. 5. 
Registrar's, or 
Actuary's act, 
for a registry 
on the conse- 
cration of a 
Church and 
Cemetry. 



Act on consecrating the new Church at 



and the new 



Burial Ground at the same place, in the archdeaconry of 

in the diocese of Calcutta, on the day of 

Enter petition to consecrate. Then the sanction and authority in, 
writing, of the local Government, and {if any) the deeds or instru- 
ments of endowment or donation. 

The Right Reverend Lord Bishop of Calcutta, attended 

by the Venerable Archdeacon— — — — - and the following 



sect. VI.] in the Diocese of Calcutta. 151 

Clergy, the Reverend [adding their names] came this 

day to the above place, and were there met by the Reverend — i 

the Minister and Chaplain, and by [here add the names of thepetiti- 
finers and principal residents who attended] and who delivered the 
above petition, praying the edifice might be consecrated; which 
petition was then and there openly read by me, as Registrar [or 
actuary for that purpose]; which, being- done, the Bishop entered 
on the work of consecration, and proceeded to the West door of the 
Church, where he was admitted; the Bishop followed by the Arch- 
deacon and officiating Clergy and other attendants, proceeded up the 
aisle to the altar, repeating alternately the 24th Psalm. 

The above sanction in writing of the local Government and the 

instruments of endowment or donation were presented by — 

to the Bishop, at the alter. 

The Bishop than proceeded with the service. After the appointed 
prayers had been offered up, the following sentence of consecration 
was then passed, and signed in my presence, by the Bishop, and was 

openly pronounced and read by the — and ordered to be 

.recorded. 

[Enter the Sentence.'] 

The service for the day then commenced, which was read by the 

Reverend - 

The Psalms being the 84th, 122nd, and 1 32nd. 

The First Lesson, 1 Kings 8, from ver. 22, inch to v. 62. 

Second Lesson, Heb. 10, from v. 19, incl. to v. 26. 

And the following Psalm sung, viz. 26, 67, 8, with Gloria Patri. 

The Communion Service was read by — 



The Epistle by and the Gospel by 

The Epistle being 2 Cor. 6, v. 14, incl. to v. 17. 

The Gospel, John 2, v. 13, to v. 18 incl. 

And the Bishop read the Nicene Creed. 

After the Communion Service the lQOthTsalm was sung. 

The Sermon was preached by the Reverend 

The Holy Communion was then administered ; and the Bishop 
before his final blessing, read the prayer as appointed. 

After the service in the Church, the Bishop attended by the above 
Clergy and others, proceeded to the Burial ground, where the 
following sentence of consecration was passed and signed in mv 
presence by the Bishop, and there openly pronounced and read by the 
— and ordered to be registered. 

[Enter Sentence.] 
Which being done, the Bishop offered up and repeated the prayers 
as appointed. 

All which I duly attest, 

A B. Registrar, or Actuary. 



152 Consecration 0/ Churches [chap. VIIL 

Petition for To the Right Reverend — *-*• Lord Bishop of Calcutta : 

allowance of The humble petition of the Reverend Minister and 

Divine Wor- r 

ship until Chaplain and of the several residents and inhabitants about 
Consecration. ^g same pj aGe? w hose names are hereunto subscribed, 
Sheweth, 
That a certain building or edifice lately erected and built by 
■ and intended for a Church or place of divine worship 



at the said • — in the archdeaconry of ■ 

hath not been legally consecrated. 

That the said edifice is furnished at present with all things neces- 
sary for the performance of divine service, and is placed under the 

care of as the Minister and Chaplain at ■ 

aforesaid. > 

Your petitioners therefore humbly pray, that your Lordship will be 
pleased to grant you licence and authority for the performance of 
divine service therein, according to the rubric of the United Church 
of England and Ireland, until the same can and may be consecrated ; 
we hereby promising in such case, to apply to your Lordship to 
consecrate the said edifice or church as soon as the same can be 
conveniently done. 

And your petitioners will ever pray, &c. 

No - 7. bv divine permission Lord Bishop of Calcutta, To all 

Licence for the ■ \ . 

performance of Christian people to whom these presents snail come greeting, Where- 

d ™ e worsul P as, it has been represented unto us, by the petition of the Reverend 

tion. C. D. Minister and Chaplain at in the archdeaconry of 

within our diocese of Calcutta, and of the several resi- 
dents and inhabitants in and about the same place, that a certain 

building or edifice lately erected and built by and 

intended by them for a Church or place of divine worship, at the 

said place called and to be called, dedicated, 

and consecrated by the name of— ■ — hath not yet been 

legally consecrated a Church, and humbly praying that we would be 
pleased to grant our licence and authority for the performance of 
divine service therein, till such time as we should be enabled to 
consecrate the same, and thereby promising that they or some of 
them would again apply to us for the regular consecration thereof. 
Now therefore, know ye, that taking the premises into our most serious 
consideration, we have thought fit to grant, and do accordingly by 
these presents grant our full leave, licence, and authority, to the said 

C. D. Minister [and Chaplain] at in the archdeaconry 

of within our diocese as aforesaid, or to the Minister 

[and Chaplain] for the time being thereof, or who shall at any time 
hereafter be duly appointed and regularly licenced to officiate; and to 



§ect. VI.] in the Diocese of Calcutta. 153 

all and singular the residents and inhabitants of our said diocese as 
aforesaid, to resort to the said edifice or building until the same shall 
be legally and properly consecrated, and therein to perform and cele- 
brate divine service according to the Rubric of the United Church 
of England and Ireland, so as this our licence shall continue in force 
only from the date hereof, until such time as the said erection, or 
building, or chapel, can be so as aforesaid legally and properly conse*- 
crated a Church and no longer, and so as that they the said residents 
and inhabitants or some of them, or the residents and inhabitants for 
the time being, together with the said G. D. or the Minister or Chap- 
Iain for the time being, shall and do apply to us and our successors 
as soon as the same can be legally and properly consecrated as afore«* 
said, or so soon after as may be convenient, to consecrate the same 
accordingly, hereby reserving unto us and our successors the power 
and authority at all times of revoking these presents whenever we 
shall see just and sufficient cause for the same. In testimony where- 
of we have caused our episcopal seal to be hereunto affixed this — ■ - 

day of in the year of our Lord ■■ and of our 

consecration the — — 



To the Right Reverend — Lord Bishop of Calcutta. No. 8. 

Petition for a 
The humble petition of the Reverend « — - Minister [and faculty for a 

Chaplain] of the Church of at in the arch- Tabl^tTa ° F 

deaconry of and others whose names are hereunder subscribed. Church. 

Sheweth, 

That your petitioners A. B. and C D. are anxious to raise a 
Monument (or Tablet) to the memory of E. F. deceased, in the 

Church of at aforesaid, and to erector place the 

same at [here describe the place or space in the Church]. 

That the dimensions of the said Monument or Tablet will not exceed 
[here give the dimensions]. 

Your petitioners therefore humbly pray, that your Lordship will 
grant your permission and faculty, that the same may be admitted 
into the said Church, and placed or erected at the place or space 
aforesaid, we hereby promising the same shall not be done to the 
hindrance of divine worship, or to the injury, or the displacing of any 
Monument or Tablet already contained in the said Church. 

And your petitioners, &c. 



154 Consecration of Ch urch es, <§r . [cha f. VII Iv 

No. 9. — by Divine permission Bishop of Calcutta, to all to 

M^nuiL^t.* wnom tnese presents shall come greeting ; Whereas a petition hath 

lately been presented unto us by the Reverend Minister 

[and Chaplain] of the Church of in the archdeaconry 

of in our diocese, and by others whose names are 

thereunto subscribed, humbly praying that we would give and 
grant unto them a licence or faculty under our episcopal seal to 

admit and erect a Monument near the [describe the place] in 

at in the archdeaconry of aforesaid, to the 

memory of — late of deceased, and whereas 

the said petitioners have submitted to us a copy of the intended 
epitaph, which contains nothing unfit or improper to be admitted 
within a building dedicated to the service of Almighty God; Now 
therefore know ye, that we have given and granted, and do by these 
presents for ourselves and our successors, Bishops of Calcutta, give 

and grant unto the said and others whose names are 

subscribed as aforesaid, our licence and authority to admit and erect 
the said Monument within the Church aforesaid, and do hereby con- 
sent to the same being erected at in the said Church, 

so that it be not done to the hindrance of the celebration of divine 
service, or to the removal, displacing or injury of any Monument 
already erected in the said Church. Given under our episcopal seal 

this day of in the year of our Lord \ » > ■> 

and in the of our consecration. 



( 155 ) 
CHAPTER IX. 

VISITATION IN THE DIOCESE OF CALCUTTA. 

SECTION I. 

Extract from the Letters Patent of the 2d of May 1814 : 
And the ith Geo. 4, c. 71. § 5. 



BY the Letters Patent of the 2d of May 1814, an Extracts from 
express power is " granted to the Bishop and his sue- JfJE^dSF" 1 
" cessors, or by his or their Commissary or Commissa- JJ^ A< D * 
" ries, being thereunto duly authorized, by him or them, ^pp™**** 
" to visit" as therein mentioned. 

And by the 4th Geo. 4, c. 71, $ 5. It is enacted, 4 Geo. 4, cap. 

J . * 71, $5. 

amongst other things, " that the expence of the Visi- 
" tations to be made by the said Bishop, from time to 
** time, shall be defrayed by the said Company, out of 
" the revenue of the British territories in India; provided 
" always that no greater sum on account of such 
" Visitations be at any time issued than shall from 
" time to time be defined and settled by the Court 
" of Directors of the said Company, with the approba- 
" tion of the Commissioners for the Affairs of India, any 
" law or statute to the contrary notwithstanding." 



SECTION II. 
Of Episcopal Visitations in general. 



For the Government of the Church and the cor- Diocesan visi- 

m ... n . 11- tations. 

rection of offences, visitations of parishes and dioceses, 
were instituted in the ancient Church ; that so, all 
possible care might be taken to have good order kept 
in all places. God. Append. 7. 



156 Visitation in the Diocese of Calcutta. [chap. IX. 

By a constitution of Otho. Archbishops and Bishops 
shall go about their dioceses at fit seasons, correcting, 
and reforming the Ghurches, and consecrating, and 
sowing the word of life, in the Lord's field. Ath. 56. 

And regularly, the order to be observed therein 

is this : In a diocesan visitation, the Bishop is first 

to visit his Cathedral Church, afterwards the diocese. 

The office of By Can. 60. For the office of Confirmation, it is 

be°pe™o a rmed to enjoined, that the Bishop shall perform that office in 

in visitations, j^ v i s j tat ion every third year; and if in that year, by 

reason of some infirmity he be not able personally to 

visit, then he shall not omit the same the next year 

after, as he may conveniently. 

In the Bishop's triennial, as also in visitations regal 
and metropolitan, all inferior jurisdictions respectively 
are inhibited from exercising jurisdiction during such 
visitation. 
Rules to be And Dr. Ayliffe observes, from the sixth book of 

observed. ^q decretals, that amongst the orders to be observed, 
by Archbishops, Bishops, and others, in their visitations, 
the first is, that they ought to preach the word of God, 
by giving the congregation a sermon, AyL Par 515. 
ciergy to ex- Can. 137. Forasmuch as a chief and principal 
mdeVs^ikelcL cause and use of visitation is, that the Bishop, Arch- 
&c * deacon, or others assigned to visit, may get some 

knowledge of the state, sufficiency, and ability, of the 
Clergy and other persons whom they are to visit, we 
think it convenient that every Parson, Vicar, Curate, 
or other person licenced, do, at the Bishop's first visi- 
tation, or at the next visitation after his admission, 
shew and exhibit unto him his letters of orders, insti- 
tution, and induction, and all other his dispensations, 
licences, or faculties whatsoever, to be by the said 
Bishop, either allowed or otherwise. 

And concerning presentments to be made at visita- 
tions, the reader may consult Burn's Ecclesiastical Law, 
vol. 4, page 21. 



sect. III.] Visitation in the Diocese of Calcutta. 1*7 



SECTION III. 

Episcopal Visitations as made and held in the Indian 

Diocese. 



The Bishop of Calcutta makes his visitations, once visitations in 

, , . 1 » the Indian 

every three years, as near as he can conveniently ; but diocese, P ro- 
in a diocese so vast and extensive in circuit, for episcopal lTm7dyn\*s e ' 
visitation, and in which the archdeaconries, and other ofclergy ' &Ct 
places subject thereto, are so extremely remote and 
distant, and to most of which it is necessary, in general, 
to proceed by sea, the times and seasons for making 
those visitations must be regulated according to cir- 
cumstances. He visits at the Cathedral first, and 
afterwards proceeds, either through the archdeaconry 
of Calcutta, or to such other of the archdeaconries 
as may be required to be visited, and so on in succes- 
sion, as occasion permits. 

When the period of his visitation is fixed upon, the The Bishop's 
Bishop issues his mandate, directed to the Archdeacon of 
the archdeaconry to be visited, and which contains the 
time and place appointed for holding the visitation, and 
directs the Archdeacon to cite the Clergy of the arch- 
deaconry to attend accordingly. The mandate also 
inhibits the Archdeacon from exercising his office and 
jurisdiction, during such time as the Bishop so visits, 
until the visitation is over, which is officially notified to 
the Archdeacon. 

Complete lists of the names of the licenced Clergy, Lists of the 

,-, . i'ii i • Clergy to be 

and of the stations, to which they stand appointed are made. 
made out by the Registrar of the archdeaconry, and 
signed by the Archdeacon, who then issues a citation 
directed generally to all Ministers and Chaplains, and 
persons in holy orders ; within the archdeaconry, and 
which citation is transmitted to the whole of the Clergy 
thereof. A public notice is also inserted in the official 
Gazette, of the Bishop's purpose to hold the visitation, 



158 Visitation in the Diocese of Calcutta. [chap. IX» 

which also intimates his intention of holding Confirma- 
tions generally at all the principal stations in the course 
of such Visitation. 

Archdeacon's Where the Clergy are very far distant, it would 
occasion serious inconvenience, if not altogether be 
found impracticable for them to attend personally; 
those only therefore, who are resident within fifty 
miles from the place appointed for holding the visi- 
tation, have been hitherto expected to be personally 
present. The Bishops have considered all the Clergy 
exempted from attending, who resided beyond that dis- 
tance or further than one or two days journey from the 
place assigned in the Archdeacon's citation. 

bufcfte' e f W " ^ ne ^* er £y wno atten d personally exhibit their 
orders. letters of orders, licences, and other papers relating to 

their appointments ; and give such an account, concern- 
ing the state and condition of their respective Churches, 
and Stations, and their respective functions, as may be 
required of them. 

Those beyond the distance mentioned, in general, 
authorize, in writing, the Archdeacon to give in the 
dates of their Letters of Orders ; by whom ordained ; 
the date of their licence ; by whom licenced ; and 
answer, through the Archdeacon, such enquiries as may 
have been made or as affect the interests of Christianity, 
within their districts, and report generally on all matters 
desirable to be presented, or given in, for the informa- 
tion of the Bishop ; and particularly the number of per- 
sons requiring Confirmation at their respective stations. 
The following was the Circular, and the articles of 
inquiry, drawn up and sent to all the Clergy, by Bishop 
Middleton, at his primary Visitation of his diocese 

in 1815. 

(circular.) 
To the Revd. ! 



Chaplain and Minister at 

My Reverend Brother, 
Desiring to gain information of the state of my diocese in every 
particular, which affects the interests of Christianity, and the functions 



sect. III.] Visitation in the Diocese of Calcutta. 159 

of my Clergy, I have, conformably with an ancient and salutary usage, 
directed that the subjoined articles of inquiry should be circulated at 
my primary Visitation : and I have entire reliance on your readiness 
to return to my several interrogatories as distinct answers, as your 
knowledge will enable you to supply. And, considering that accu- 
racy is of the highest importance to the objects in view, I do not 
wish that your answers should be hastily put down, but only that you 
will transmit them, within a month from the receipt hereof, or (in 
case of your not having reached your station) within two months 
from your arrival, under cover to my Secretary at Calcutta, or in the 
archdeaconries of Madras and Bombay, to the respective archdeacons. 
I heartily commend yourself and your labours to the blessing of 
Almighty God ; and, I am, 

Reverend Sir, 

Your affectionate Friend and Brother, 
T. F. CALCUTTA. 
Dated at 

Articles of Inquiry y 8$c. 
1. How long have you officiated at 



2. Is there a Church or Chapel or other building at — — 

appropriated to Divine Service according to the Rubric of the Church 
of England X And is it either consecrated or licensed X 

3. What are the dimensions of such place of worship X And if it be 
a Church or Chapel, has it a Steeple or Cupola with Clock or Bells, 
and has it a Font ? Or, if it be only a room for temporary use, has it a 
Reading Desk, a Pulpit, and a Communion Table, with a large Bible, 
and the Book of Common Prayer X 

4. What Communion-plate have you at ? Is a Surplice 

provided for the Chaplain ? and do you wear the hood of your degree? 

5. Is any provision made for the repairs of your Church or other 
place of worship ? and at whose expence and when was it built ? 

6. Have you Churchwardens, and Trustees for your Church, or 
any thing resembling a Vestry X 

7. Are there any funds or revenues for charitable purposes at 
X And by whom are they applied X 

8. How often is Divine Service performed at -on the 

Lord's Day, and at what hour of day ? 

9. What Festivals and Fasts of the Church are kept holy ? 

10. How often is the Sacrament of the Lord's Supper administered? 
What is the ordinary number of Communicants X And what is done 
with the Sacramental Collections ? 

11. When are the Sick visited? And do they frequently desire to 
receive the Sacrament X 

12. At what times are Christian Children instructed in the Church 
Catechism ? 



160 Visitation in the Diocese of Calcutta. [chap. IX. 

13. Is Psalm- singing used at 1 , with op without 

instrumental music, in time of Divine Service ? 

14. Have you a person to act as Clerk, and another as Sexton 1 
and by whom appointed ? 

15. Are proper books for registers provided ? By whom, and where 
are they kept? And to whom, and how often is a copy of the entries 
sent? 

16. Upon an average of the time, during which you have officiated 
at,—-— — ««, — -~ , what is the annual number of Baptisms, Marriages, 
and Burials? Or the actual number, if the time be less than a year ? 

17. If you have a Church or Chapel, are Marriages ever solemnized 
in any other place? And wherever they are solemnized, do you 
observe Canonical hours? 

18. Have you a Burial-ground at set apart exclusively 

for the purpose ? And has it been consecrated ? 

19. What Military or other Christian Schools are there at 

? And who superintend them? And if there be a 

Military School, is it or not conducted on the system of Dr. Bell ? 

20. Do any Natives attend such Schools, and do any of them 
receive Christian instruction ? 

21. How many of the European Military are usually stationed at 

1 And what number of Europeans are resident there, 

exclusive of the Military and their families ? 

22. What places of Christian Worship of denomination, besides 

that in which you officiate, are there at- , or in its 

immediate vicinity ? 

23. Have you any remarks to offer, not immediately referring to 
any of these questions, but yet of importance in the general view, 
in which they are proposed ? 



SECTION IV. 



The form and manner of holding the Bishop s Visitation in? 
the Indian Diocese. 



Form and ON the day appointed, preparation is made for Divine 

Sg visitations" Service at the Cathedral or principal Church of the 
Diocese? dian Archdeaconry. The sermon is preached by the Clergy- 
man appointed by the Bishop, for that purpose ; after 
the Sermon, and the Bishop has pronounced his blessing, 
he proceeds to the altar accompanied by the Arch^ 
deacon, as Commissary, where the Bishop, and the 
latter, take their seats. 



S£ct. IV.] Visitation in the Diocese of Calcutta. 161 

The Apparitor then makes a proclamation in the 
body of the Church, to the following effect : 

" The several Ministers and Chaplains of the arch- 

" deaconry of and all persons in holy orders 

" cited to appear this day, at the [primary, or triennial,'] 

V visitation of the Right Reverend Lord Bishop 

*' of Calcutta, are now requested to draw near and 
" answer to their names" 

The Registrar, whose place is near the Bishop, then 
calls over the list of the Ministers and Chaplains of the 
archdeaconry, made out according to their academical 
degrees, who answer to their names ; and the Registrar 
marks off those who personally appear. He then calls 
over the Archdeacon's list of the licenced Clergy 
beyond the distance of fifty miles, not personally 
served with the Archdeacon's citation. 

After the Clergy are so called, and are assembled 
before him, the Bishop then delivers his charge. 

After which, the Bishop, accompanied by the Arch- 
deacon as his Commissary, and the Registrar, proceed to 

the room appointed within the Church, where 

the Clergy in succession are called in, and then produce 
their Letters of Orders, and make their presentments, or 
answer personally such enquiries as may be made of 
them by the Bishop. The presentments of the Clergy 
beyond the above distance are made through the Arch- 
deacon, as their representative. The Registrar marks 
and signs his initials to all exhibits presented. 



SECTION V. 
Forms. 



Notice is hereby given, that the Lord Bishop of Calcutta will com- j$ 1< 

mence his primary visitation of his Diocese on the Registrar's no- 

day of next: on which day his Lordship will hold a visita- zette. 

tion in the and afterwards proceed, about the end of that 

month, to visit and confirm at all the principal stations or districts, 
throughout the Archdeaconry of : the other Archdeaconries 



162 Visitation in the Diocese of Calcutta. [sect. V, 

and parts of the Diocese will be visited by his Lordship at a subse- 
quent date, of which previous notice will be given. 

In the mean time, it is requested that the Ministers and Chaplains 
at the distant stations and districts within the above Archdeaconry, 
will prepare and examine those who are candidates for confirmation. 
Calcutta 182 AS. Registrar. 

P. S. On the day above mentioned, divine sefvice will commence 
at at ten o'Cloek. 

The Sermon will be preached by the Revererid by 

appointment. 

Such of the licenced Ministers and Chaplains as reside within a 
convenient distance of Calcutta, and receive a citation to attend at 
the visitation, will be expected to produce their Letters of Orders, un- 
less exhibited at the last visitation. 



,*r 2 ' ■ ■' " by divine permission Lord Bishop of Calcutta, 

Mandate to cite to our well beloved Archdeacon of the archdeaconry 

* V1S1 A lon « f Calcutta within our diocese and jurisdiction, and our Commissary 
duly appointed, greeting, Whereas it is our purpose, with the blessing 

of God, to commence our visitation of the diocese of Calcutta 

and to hold in (he Cathedral [ or Church ] of our 

visitation of the archdeaconry of on the — day 

of next, at the hour of in the morning. We do 

therefore hereby require and strictly enjoin you peremptorily to 
cite, or cause to be cited, at the same, all and singular the 
Ministers and Chaplains, and all Priests and Deacons in holy 
orders of the United Church of England and Ireland, within 
your archdeaconry especially those who shall be within fifty miles 

from aforesaid, to appear personally before us at our 

said on the day and hour aforesaid; and then and 

there to produce their Letters of Orders of Priest and Deacon, with 
all licences and other faculties relating to their official appointment* 
to be by them exhibited, and to hear and receive all such matters 
and things as may be delivered in charge. And further, we do by 
these presents expressly inhibit, and restrain you from the exercise 
of all ecclesiastical jurisdiction and authority, by right and usage 

appertaining to your office of Archdeacon of during such 

our visitation : and whatsoever you shall do or cause to be done 
in the premises you shall duly certify unto us, together with these 

presents. Given under our hand and episcopal seal this- — 

day of in the year of our Lord and in the 

year of our consecration. 

No. 3. * 
Archdeacon's Archdeacon of and Commissary, duly 

citation there- appointed. To and all and singular the Ministers and 



£ECT; V.] Visitation in the Diocese of Calcutta. 163 

Chaplains, and all Priests and Deacons in holy orders of the United 
Church of England and Ireland, stationed aud now being within 

the archdeaconry of aforesaid, greeting. 

Whereas by a mandate under the hand and seal of the Right 

Reverend Father in God by Divine permission Lord 

Bishop of Calcutta, bearing date the — — day of 

signifying his Lordship's purpose to commence his visitation* 

of his diocese, and to hold in the his visitation 

of the archdeaconry of on the day of 

— a t the hour of in the morning, I am required and 

strictly enjoined as the Archdeacon of ■ — - — and Commissary 

aforesaid, peremptorily to cite or cause to be cited, at the same, all and 
singular the Ministers and Chaplains, and all Priests and Deacons 
*n holy orders of the United Church of England and Ireland; 
within my archdeaconry aforesaid especially those who shall be 
within the distance of fifty miles from ~ aforesaid, to ap- 
pear before the said Lord Bishop, at the said — on the 

day and at the hour aforesaid, and then and there to produce 
their Letters of Orders of Priest and Deacon, with all licences anoV 
other faculties relating to their official appointment) to-be by then* 
exhibited, and to hear and receive all such matters and things as 
shall be delivered in charge ; I therefore do in obedience thereto, by 

these presents, require and strictly enjoin you the said — 

as one of the Ministers and Chaplains, and Priests or Deacons in 
holy orders as aforesaid, if you shall be on the receipt or service 
hereof within the distance aforesaid, to appear before the said Lord 

Bishop, at the said on the said — -■ i -at the 

hour of in the morning, and then and there to produce 

your Letters of Orders of Priests and Deacon, with all licences and 
other faculties relative to your official appointment, to be by you 
exhibited, and to hear.and receive all such matters and things as may 
be delivered in charge. 

Given under my hand, this — ■ — day of ■ * in the year 

of our Lord — — — - — 

— — --— Archdeacon^ 
Witness^ 

In obedience to a mandate under the hand and seal of the Right No. 4. 

Reverend Father in GooT— by Divine permission Bishop of nmSpubKg^ 

Calcutta, bearing date the day of I the ed in the 

Reverend" Archdeacon of the archdeaconry of aze e ° 

and Commissary duly appointed, do hereby cite all and singular the 
Ministers and Chaplains, and all Priests and Deacons in Holy Orders 
of the United Church of England and Ireland, being within the arch- 



164 Visitation in the Diocese of Calcutta. [sect. Vv 

deacon ry of or on the receipt or service of my citation 

within fifty miles from aforesaid, to appear before the said 

Lord Bishop at his visitation, to be held at the 

Church of — on — ■ the day of ■ 

next at the hour of — in the morning, and then and there 

to produce their Letters of Orders of Priest and Deacon, with all 
licences and other faculties relative to their official appointment, 
to be by them exhibited, and to hear and receive all such matters 
and things as may be delivered in charge. Witness my hand this 

day of in the year of our Lord -. 

A. B. Archdeacon and Commissary. 

by Divine permission Bishop of Calcutta, to our 

No. 5. beloved in Christ greeting, Whereas we did intend, 

Commission to Qod willing, to have visited the of in our said 

hold a visita- & 

tioo. diocese of Calcutta, on — . the and the Clergy 

of the same, and what offences should be found on our said visitation 

to correct and reform, and whereas we are by urgent causes impede/i 

and prevented from making our said visitation in person. We^ao 

therefore by these presents commit, give, and grant unto you, in 

whose circumspection, integrity, and prudence, we greatly confide, full 

power and authority for us and in our name to make and hold our said 

visitation, and to correct and reform all such offences as shall be found 

therein, and to admonish and censure all and every person and 

persons as shall be found delinquent in our said visitation, and to 

proceed inland act, do, and perform all and every other act, matter or 

thing, in or concerning our said visitation, in as full, ample 

and effectual manner and form as we ourselves could or might do if 

personally present; and we do hereby constitute, make, and appoint 

you the said our Commissary, Commissioner and Deputy 

for the purposes aforesaid, hereby giving and granting unto you our 

absolute power and authority in the premises, and every of them. 

Given under our hand and seal, this — — day of ~ 



chap. X.] Of the Consistory Court at Calcutta. 165 

CHAPTER X. 

OF THE BISHOP'S CONSISTORY COURT AT CALCUTTA. 
SECTION I. 

Of Consistory Courts, in general. 



BEFORE introducing such parts of the Letters Consistory, sig- 
Patent as are considered applicable to the present m al0U0, 
chapter, the following particulars would be premised. 

Consistory (consistorium) signifies as much as proe- Is the Court 

f v J & r , . Christian or 

torium, or tribunal, and is the Court Christian, or Spiri- Spiritual court 
tual Court of a diocese, formerly held in the Cathedral Held at the ba- 
Church, in which the Bishop presided, or his Com- 
missary, and had assessors and other assistants, and 
is now held by the Bishop's Commissary, Archdeacons, 
and other officials, in the Cathedral Church or other 
convenient place of the diocese. Ken. Par. Ant. Gloss, 
God. 83, and 4 Inst. 338, and Burn, vol. 2, p. 1 i. 

Every Bishop hath his Consistory Court to hear Every Bishop 
ecclesiastical causes, 4 Inst 338, Co. Rit. 96, Rob. Ab. sistory court. 
230. And again, every Bishop by his election and And in right of 
confirmation, even before consecration, hath ecclesiasti- dex ordSariuT 
cal jurisdiction annexed to his office, as judex ordinarius™^ hlsI>x ~ 
within his diocese. Hale's Hist, of the Com. 2, 30. 

The Bishop's jurisdiction, as to punishment of offences The Bishop's 

. . . jurisdiction de- 

and hearing and determining causes, being derived rived from the 
from the Crown, a Bishop may make a layman his 
Commissary; (Walker v. Lamb, Cro. Car. 258; Jones. And may make 

J v a layman las 

264. 8. C.) or may officiate as judge in person. BisMop Commissary or 
of St. David's v. Lacy, 1 Salk. 134. 

And in places remote from the consistory, the Bishop B. ish i>p appoints 

r . ms Commissa- 

appoints a Commissary (commissarius foranens) to judge r y' m P la ces re- 
in all causes within a certain district, and a Registrar AndaRegis- 
to enter his decrees. 2 Rol. Abr. 286 ; Scld. Hist, of 1 ™' u 

J From the sen- 

Tithes, 413, 414. From the sentence of this Court an tence of thi » 

. , . • _ . „ _ _ _ Court an appeal 

appeal lies. 24 Hen. 8, c. 12. lies. 



166 Of the Consistory Court at Calcutta. [sect. II; 

And for the qualifications in general of Commissa- 
ries, the reader may consult, Burn, vol. 2, page 43 ; 
and for those of Registrars, the same work, vol. 3, 
p. 284; concerning Advocates, the same, vol. 1, p. 2, 
and of Proctors, also the same work, vol. 3, p. 211. 

Having prefaced the above particulars, the extracts 
from the Letters Patent are now subjoined, 



SECTION II. 



Extracts from the Letters Patent, of the 2d of May r 
A. D. 1814. 



The Bishop of n IS ] a te Majesty's Letters Patent of the above date 

Calcutta made J J 

subject to the expressly ordain, that " the Bishop of Calcutta shall 

Archbishop of r , . . . . . , 

Canterbury. " be subject and subordinate to the Archiepiscopal see 
Mother Bi- " °^ tne P rovmce anc * Archbishop of Canterbury, in the 
shop. a same manner as any Bishop of any see within that: 

from the m! als " province in England, save and except in the matter 
shop's jndg- «« of appeals from judgements, decrees, and sentences 

merit, decrees r r jo > • 

and senteuces. <- pronounced by the Bishop or by his Commissary ; 

winch are to « which are directed, shall not be made to the Arch- 
be made not to .. • i i • i • */r 
the Archbishop s < bishop, but to Commissioners appointed by his Ma- 
hut to Co in mis* . . . , ,, 

sionersdeie- " jesty as therein mentioned. 

Besides the jurisdiction therein granted to the 
SstoS,?.^ Bishop of Calcutta, and the powers already detailed. 
detaiied? lready ™ tnis work, and of appointing Commissaries, and 
Registrars, the same Letters Patent authorize the 
Bishop of cai- -g- g ^ p t0 perform " all other functions peculiar and 
form ail other .. appropriated to the office of a Bishop within the 

functions pecu- rr r ••iiii 

liar tothe office ** limits of his see. Nevertheless, it is declared, that 

" in all grave matters of correction, which are ac- 

aif V grlve. e maN « customed according to the Ecclesiastical Laws^ 

° f P rS " of England to be judicially examined, the same 

m ° f " shall in like manner be judicially examined and 

" proceeded in before the Bishop or his Commissary, 

" in the archdeaconry in which the party to be pro- 

" ceedetl against shall reside, and all such causes, 



tion to 
in di 
law. 



Chaf. X] Of the Consistory Court at Calcutta. 167 

<( shall be proceeded in, to final sentence, in due form And in the 

* _ archdeaconry 

" of law." — " Also, if any person against whom judg- in which the 

j i " j u u "11 P avl y resides - 

" ments or decrees shall be pronounced, and who shall Appeals t0 be 

"conceive himself aggrieved, that it shall be lawful ^ e d d ay ^ fif ' 

" for such person to appeal, provided the appeal shall 

" be entered within fifteen davs after such sentence 

<( pronounced." 

" The Judges of the Supreme Court of Judicature eommissarfef 

l delegate tor 

" at Calcutta for the time being, and the Members of hearing and 

•-1 -1/-11 • i • -i determining 

"Council at Calcutta for the time being, are appointed such appeals. 
" His Majesty's Commissioners Delegate to hear such judges of the 
" appeals; any three of whom (one to be a Judge) cXutu, and 
*'- shall have power finally to decide and determine the CoonS™^ 
" said appeals, and provided also that in any sentence Any three o£ 

V to be given by the said Commissioners Delegate, one JeWddm to 
" at least of the said judges shall concur. decide. 

J ° Registrar of the 

" The Registrar of the Archdeaconry of Calcutta to archdeaconry 

" J . - of Calcutta to 

V act as Registrar of such Commissioners Delegate." act as Regis- 

_. t • Aii i i r trar to sucl1 

" Proceedings against any Archdeacon to be before commissioners. 

*, i r^ n i . ,i Proceedings 

*'■ such Commissioners Delegate. against Arch- 

" A copy of the sentence in all cases, without delay, ^ e copy of ail 
-"-to be certified and transmitted, by the Bishop, or^S^ 

41 Commissary, to the respective Governments, as the Governmeat - 

•* case may be." 

" Powers are granted or saved to His Majesty's Supreme 

° § J J Courts to inter- 

** several Supreme Courts to interfere by writ of pro- f«e by manda- 

•i • • ? i rr"- -n 'i mUS ° r P ron i" 

" hibition or mandamus ; the same as the King s Bench bitten as in the 
" in England ; regard being had to the provisions in the in England!* 
" Letters Patent, or to any laws and regulations in the 
" East Indies or diocese of Calcutta. " 

" Nothing therein to extend to repeal or alter the Nothin s to r «- 

. _ * * peal the char- 

" charters of justice of the said Courts, so far as the ters of justice 

, . . . P ^,, so far as did 

** same did not appertain to the correction ol Clerks, not appertain 
"or the spiritual superintendence of ecclesiastical of cierks, 1 or 

tf ,? spiritual super- 

persons. intendence of 

V Nothing therein to extend to abridge the powers jSS -tidai 

* of the Governments, as to the residence of any person ^'power^of 

# whatsoever within the territories aforesaid." Government as 



168 Of the Consistory Court at Calcutta, [sect. III. 

to residence of For all which, the reader is referred to the Letters 
Patent of the above date in the Appendix. 



SECTION III. 



Of the Establishment of the Bishops Consistory Court 
at Calcutta. 



previous ob- According to the ecclesiastical law, a Bishop may 

servations upon , ,-,, ,, . ,, 

and reasons for proceed against a Clergyman " in camera as it is 
ton opening and termed, and without formal citation or process, censure 
th e ab Consb g tory or admonish, and may also summarily recall or revoke 
Sua. tatCal " ms licence, on sufficient cause,* which would probably 
be the means in this diocese, of leading to a forfeiture 
of the stipends or emoluments of the office of the 
individual for the time, and thereby prove a sufficient 
punishment for any ordinary irregularity : but when 
a Clergyman commits any public offence or notorious 
crime, it may become the painful and indispensable 
office of the ecclesiastical authority, in relation as well 
to the Church as to the community, not only to sus- 
pend, but if the offence be of sufficient magnitude, to 
deprive the Clergyman, ipso facto, of his ministerial 
functions. In that case the party should be proceeded 
against " in curia" the Letters Patent directing also* 
in reference to all grave matters of correction, that 
*' all such causes shall be proceeded in to final sentence in 
*' due form of law " 

Uncalled for, however, as such proceedings had been 
in the Indian diocese, still a case of gross immorality, 
in the instance of one of the Company's Chaplains, 
had occurred, in the year 1819; and under the Letters 
Patent mentioned, Bishop Middleton, for greater cau- 
tion and to enable him to be prepared for conforming 

* 36 Geo. Ill, cap. 83, § 6. — vide Chapter IV, page 68, herein. Quny, as to appeal 
in the case of a summary revocation of a licence, and the party being inhibited fo 
preach or perform offices or ministrations, under the same, in this diocese. 



chap. X.] Of the Consistory Court at Calcutta. 169 

in all respects therewith, found it necessary to establish fjffif^^J 
and open a Consistory Court, for the archdeaconry of » nd established 

i J 7 J his Consistory 

Calcutta: which, as well in virtue of his episcopal Court at c»i- 

11 cutta. 

office, as from the powers conferred by the Crown, he 
proceeded to do, in person, under the advice of the 
then Advocate General of the Honorable Company ;* On the 15th 
and established the Court in question on the 15th day lgig. 
of October A. D. 1819. 

The Court was convened pursuant to a public and 
previous notification under the episcopal seal, dated 
the 8th of the previous month of September, and the 
following 'days were ordered to be considered as the what days to 

. ' . . be convened if 

regular Court days, viz. the second day of January ; business re. 
the fifteenth day of April; the tenth day of June; and quires * 
the fifteenth day of October. On which days the 
Court has always been convened, if business has re- 
quired, and has adjourned and assigned other days or 
terms probatory, in the intervals accordingly. 

The Cathedral at Calcutta not affording sufficient The Cathedral 

° not affording 

accommodation for a Court room, on the above oc- accommoda- 

-r»-i Ti/r-iii iti i- tion the Regis- 

casion, Bishop Midaleton was obliged to open his trar of the 
Consistory in the house then contiguous thereto, being f Calcutta" 17 
at that time the public office of the Registrar for the Hl^** 
time being of that Archdeaconry: which Officer con- 
tinues to provide a room for that purpose when a 
Court is convened. 

The only two sworn and appointed officers of that officers sworn 

J * L and appointed 

Court under the episcopal seal, are the Commissary, aretheCom- 

. missary and 

and Registrar. Registrar. 

Bishop Middleton gave his permission to four gen- Proctors, 
tlemen to appear and act as Proctors for any parties 
before the Court, on taking the usual oath. 

An Apparitor was also appointed. Apparitor. 

The Company's standing Counsel at Calcutta, on the Assessor. 
first establishment of the Bishop's Consistory Court, 
as above, was directed by the Government, to act at its 

* R. Spankie, Esq- now Mr. Serjeant Spankie. 
Z 



170 Of the Consistory Court at Calcutta. [sect. t< 

commencement as Assessor, or legal adviser to the 
Bishop. * 



SECTION IV. 



Of the Proceedings and Causes incidental to Consistory 
Courts : when Causes summary and plenary , and other 
practical Information 



The foregoing particulars of the establishment of 
the Consistory Court at Calcutta being premised, a few 
practical observations on the proceedings generally, 
and the nature of causes usually cognizable in such 
Courts, may be found useful. 
Proceedings in With regard to the proceedings of Consistory 
Sor^coSs. Courts in general, it is briefly observed, they are 
commenced by libel or articles : the witnesses are 
privately examined ; then there are exceptions and 
replications. The sentence is published in writing : 
from which an appeal lies finally to the King, or his 
Delegates, who judge according to the civil and com- 
mon law, and revoke or confirm the sentence, and in 
their judgments given by the course of the civil law 
the Judges of the common law do acquiesce, and give 
credit thereunto, and will not examine them over again, 
unless they think that there is cause for the Kings 
prohibition. Duck. 346. Burn, vol. 2, p. 48. 

And it is also laid down, that the law and practice 
of the ecclesiastical Court, are matters of fact, to be 
proved by witnesses. Beaurain Gent, v. Sir W. Scott, 

* The gentlemen appointed to the Bishop's Consistory Court, at 
Calcutta, at its original formation, were, 



The Venerable Archdeacon Loring. 

ASSESSOR, 

George Money, Esq. as the Com- 
pany's standing Counsel. 



PROCTORS, 

Robert Waller Poe, Esq. 

William Hunter Smoult, Esq. 

George Hamilton, Esq. 

and 



rfgistrar, I Charles Trebeck, Esq. 

W. H Abbott, Esq. 



en a p . X . ] Of the Consistory Court at Calcutta. 171 

3 Camb. C. N. P. 388. Ace. Crogates Rep. 143. 
Note, 8 edit. Burn, as above. 

In regard to the nature of the causes cognizable in of the causes 

° ° cognizable. 

such Courts, it is observed, that all criminal causes 
therein are laid down to be causes of correction, and 
in these the judge may proceed from his mere office, 
and then it becomes a summary cause, or from his office 
promoted, and then it is plenary. 

Any one may promote the office against a spiritual 
offender, as it is a matter of common concern. 

In causes of mere office, if there be no Proctor for the A I tic \ es a s ainsfe 

offenders. 

office settled in the Court, the Judge shall appoint one 
of the "Proctors as necessary in such a- cause, who 
upon the offender appearing and proceeding shall 
give in articles against him, and pray that they be 
admitted, and that the offender be sworn to answer 
them the next Court day as assigned. 

Theimpugnant should protest against answering any Answer to ar- 
criminous position, but if he does answer the same, it 
must be accounted and deemed null and void. 

Although he is not obliged to answer any criminous 
position, yet he must answer such as allege the cause 
to appertain to the ecclesiastical jurisdiction, and the 
impugnant to be within the jurisdiction of the Court: 
that the competency of the Court may appear; and also 
it is held that he must answer such position as contains 
the fame and report of the crime. 

And if he refuses to swear to answer such articles, 
he for such contumacy is to be excommunicated. 

But if when sworn he will not answer, he is to be 
declared for having confessed the articles he was to 
answer. 

In cases of voluntary promotion, the voluntary pro- 
moter should himself give in articles. 

If the impugnant denies the articles, and will not 
confess, you are to pray a probatory term, which is the 
space of three Court days as assigned, produce wit- 
nesses, and to proceed in general as in other causes* 



172 Of the Consistory Court at Calcutta. [sect. V. 

For all which see Clarke, and Oughton, and the ap- 
pendix to Cock burn. 

tempt! ° fc ° n * If a person served with a citation shall tear it, and 
use reproachful words against the ecclesiastical Judge 
and his jurisdiction, or beat the mandatory, who served 
it, upon an allegation of these facts made to the Judge, 
and that they were committed in contempt to ecclesi- 
astical jurisdiction, or rather upon an affidavit of them, 
the Judge shall decree citation against him. 

So also against Commissioners, taking upon them a 
commission to examine witnesses, and not returning 
the commission at the time appointed them. 

But the Proctor obtaining the commission, and 
making the allegation that the Commissioners neglect 
and do not care to return the commission, should pray 
that his probatory terms be continued. 

taU^thc 11 " If tQe Judge proceeds from his mere office, the 

contempt. Proctor of office (as his necessary promoter) upon the 
appearance of his party should give in articles con- 
taining the matter of his contempt ; and pray that 
they be admitted. 

Answer of par- And then he should produce the party principal 

ty principal. . _. . r . . \. , ■ r 

present in Court upon them, who shall be sworn to 
answer them the next Court day, and to appear then 
and to exhibit and recognize his answer. 

And he should then dissent, and protest against 
answering any position which he is not obliged to 
answer by law. 

No Proctor or Advocate is allowed to appear for 
him without leave of the Court ; nor is it usual to grant 
him a copy of articles exhibited against him before he 
be first examined upon them. 

Where the office is promoted, the promoter himself 
should properly give in articles, and upon the answer 
to them constitute his Proctor as before in criminal 
cases. 
Sentence. If the contempt be confessed, the Judge may imme- 

diately pronounce sentence, or assign a term to hear 



chap. X.] Of the Consistory Court at Calcutta. 173 

sentence from the first assignation, as in summary 
causes, for causes of contempt are held such. 

If the contempt be denied, a probatory term is to be 
prayed, and you must proceed as in other summary 
causes, nor is there that full proof necessary which 
other causes require. 

For further practical information the reader is refer- 
red to Zouch Descrip. Ju> et Jud. Eccles. Par. II. ei 
IV. — See Clarke, and Oughton, Cockburn. 



SECTION V. 



Bishop Middletons Address on the establishment of his 
Consistory Court at Calcutta. 



Having shortly detailed all the previous particu- 
lars, concerning the establishment of the Consistory 
Court at Calcutta, and the causes and proceedings 
incidental thereto, the valuable address delivered by 
Bishop Middleton on his first opening th;<t Court, 
ably explaining the nature and objects of that ecclesi- 
astical tribunal in the Indian diocese, is in conclusion 
now added. 

" Upon the occasion of the opening of this Court, Bishop Mid- 
"it may be expected, that, before the Court ad- ^thfopSff 
" journs, something should be said as to the nature ofhis Consis ; 

J ' ° tory Court at 

" and extent of its jurisdiction, and in reference Calcutta - 
" to the objects, to which its attention will be espe- 
" ciaily directed : and it is the more important, that 
" the Court should declare itself generally, on these 
" points, as they can hardly be presumed, in the cir- 
f cumstances of this country, to be well understood. 

" Much controversy has arisen since the davs of 
" the reformation, as to the origin and limits of eccle- 
?' siastical jurisdiction : and even before that period, 
es as is evident from various passages of our national 
" history, the question was sometimes brought into 



174 Of the Consistory Court at Calcutta. [sect. V. 

" discussion, in consequence of the inordinate claims 
" of the Romish Pontiffs. With any thing, which 
" occurred previously to the legal establishment of 
" the Protestant Church 'of England, we are not 
" now concerned. Its Bishops hold their jurisdiction 
" upon principles recognized by a Protestant legisla- 
*' ture, and upon no other. The office of the conse- 
41 cration of Bishops has been confirmed, with the 

V Book of Common Prayer, in four several Acts of 
" Parliament: and in that formulary, every Bishop is 

V required to promise, that, * by the help of God, 
" he will maintain and set forward, as much as- 
" shall lie in him, quietness, love, and peace among 
." all men ; and such as be unquiet, disobedient, and 
*' criminous, within his diocese, he will correct and 

V punish, according to such authority as he hath by 
" God's word, and as to him shall be committed by the 
" ordinance of the Realm.'— This language strongly 
" marks the moderation and the abhorrence of ex- 
" tremes, which characterizes our national Church. It 
*' claims not with the Romanists a divine right for all 
*'! the authority, with which its Governors are invest- 

V ed ; nor does it admit, vyith the abettors of indepen- 
" dency, that spiritual authority, as exercised in our 
" Church, has no sanction whatever from the word of 
" God. We do, however, acknowledge, and it is our 
V. duty to maintain, that the King is on earth the Su- 
" preme Head of the Church : nor has spiritual autho- 
" rity, considered in itself, any efficacy in the restraint 
" of disorder, except where it is acknowledged to bind 
" the conscience : it has nothing external and coer- 
" cive : it has not temporal and legal effect : it can- 

V not proceed in form of law, but with the consent 
" and sanction of the Sovereign ; and in this sense eccle- 
" siastical Courts, are the King's, Courts, though not 
" of the number of those, which are so denominated. 

" It is under this authority, and by an ordinance of 
" the Realm, that the Court, which has beennowes^ 



chap. X.] Of the Consistory Court at Calcutta. 175 

" tablished, assembles to exercise jurisdiction, and 
" claims obedience to its decrees. His Majesty, by 
" Letters Patent, has been pleased to grant ' to the 
" Bishop of Calcutta and his successors, by himself or 
" themselves, or by his or their Commissaries, full 
c< power and authority to exercise jurisdiction, spiri- 
" tual and ecclesiastical, in and throughout the said 
" see and diocese, according to the ecclesiastical 
"laws of the realm of England, in the causes and 
" matters therein expressed and specified.' — For the : 
M further accomplishment of His Majesty's gracious 
" ' intention,' and ' for aiding the Bishop of Calcutta 
"according to the laws and customs of the United 
*' Church of England and Ireland, in the due and cano- 
" nical superintendence of ecclesiastical persons and 
" affairs,' three Archdeaconries were then founded, and 
" subsequently a fourth ; the Archdeacons of which are 
*' declared to be, without further appointment, the Com- 
'" missaries. And moreover, it is declared, ( that in 
<( all matters of correction, which are accustomed, ac- 
" cording to the practice of the ecclesiastical laws 
*« of His Majesty's realm of England, to be judicially 
*' examined, the same shall in like manner be judicially 
*' examined and proceeded in before the said Bishop 
M and his successors, or his or their Commissary or 
*' Commissaries, in the respective Archdeaconries in 
*' which the party to be proceeded against shall reside, 
" and all such causes shall be proceeded in to final 
" sentence in due form of law.' " 

** This Court, therefore, claims for itself a juris- 
"diction complete and valid, so far as its objects 
" extend. It is bound to administer the ecclesiastical 
" law of the realm of England applicable to these 
" objects, whether that law be found in the ecclesi- 
rt astical customs and immemorial usages, which have 
" been denominated the common law of the Church ; 
" in the Canons which are ecclesiastical enactments, 
" made obligatory by royal authority, or in the Statute 



176 Of the Consistory Court at Calcutta. [sect. V. 

" Book, in which much is contained, having a direct 
" reference to causes, which are of such a character 
" as fitly to come before this Court. 

" It will now be proper to state, of what nature 
" these causes will principally be. From a great part 
" of the business incident to the Consistory Courts 
" in England, this Court is altogether relieved by the 
" extensive jurisdiction granted by His Majesty's 
" charter of justice to the Supreme Court of Judica- 
" ture at Calcutta. The causes here proceeded in will 
" be causes of correction, and the most important of 
" these it is apprehended, will relate to the Clergy. 
" In this view of the subject it is exceedingly to be 
" desired, that the jurisdiction of the Court may seldom 
" be called into actual exercise : it were too much indeed 
" to expect, that its interference should never be requi- 
" site in this department of its functions, but to further 
" an object of which the accomplishment is so earnestly 
" to be wished, it may be useful to point out some of 
" those more prominent and probable occasions, on 
" which the Court may be required to interpose its 
" authority. 

" There has been ground of serious complaint in 
" some parts of this diocese, upon the subject of the 
" want of due attention in the keeping of the Registers. 
" Persons who affirm their ability to prove the baptism 
" of their children, at a specified time, and in the pre- 
" sence of specified witnesses, have not always been 
il able to find any trace of such baptism in the Registers 
" of the station ; and in some instances, although there 
" was an intention of making the entry, yet from its not 
" having been done at the time, names have been 
" mistaken, and no entry has been found, which could 
" at all avail for any purpose contemplated by the 
" law in making this a part of the duties of the 
" Clergy ; more than once I have been applied to, to 
" suggest a remedy which might avert the mischiefs 
" likely to arise from such neglect : such remedies are 



chap. X.] Of the Consistory Court at Calcutta. 177 

" not easily supplied : it were much easier to avoid the 
" occasions which produce the evil. But indepen- 
" dently of this negligence, there has been in some 
" instances misconception of what is requisite to give 
" to the register the validity of an original document. 
*' I mean the actual signature of the Clergyman, by 
" whom the ministration was performed : it seems to 
" have been supposed, that a memorandum might be 
" copied into the Station Register by some other than 
" the officiating Minister, and signed by the trans- 
criber: upon all such points, and indeed upon all 
" others connected with his ordinary duties, it be- 
N comes every Clergyman to inform himself, if he 
ts does not distinctly recollect the practice in England. 
" The canon and the statute are both express upon 
" this head ; and the Court, in consideration of the 
" heavy injuries which may be expected to arise from 
" such neglect, will visit the offence with such cen- 
" sures as the laws have authorized. The half yearly 
" returns must also be punctually made to the Regis- 
" trar for the purpose of being recorded in the 
" Registry of the archdeaconry, and transmitted 
" through the Government to England.* 

" Another point, on which it may be proper to 
" remark, is the obligation which binds every Clergy- 
" man not merely to use the Liturgy of the Church, but 
" to use it entire ; as he is forbidden to make substitu- 
" tions, or to add to it, so he is liable to censure, if he 
" presume to omit any portion of what the Rubrics 
" have directed to be used. It seems not always to 
" be considered that the Rubrics have the validity of 
" an Act of Parliament, having been repeatedly so 
" recognised : and if it were otherwise, it would be 
" difficult to understand how any Clergyman could 
" fulfil his solemn declaration made before the Ordi- 
" nary, and repeated in the presence of his flock, that 

* These returns are now made quarterly in the archdeaconry of Calcutta, 
page 92, herein. 

a a 



178 Of the Consistory Court at Calcutta, [sect. V* 

" he ' will conform to the Liturgy of the Church of 
" England as it is now by law established ;' if he omits 
" any portion of it, when the same sanction has been 
"-given to the whole. 

"The Court will not occupy further time by ad- 
" verting at length to other matters of this nature, 
" which may hereafter require its interposition ; such 
""" as irregularity in the dress of the clergy, or absence 
" from their stations without permission : to say 
" nothing of complaints which ought never to be 
" contemplated, of a conduct, which may subject 
"any individual to general reproach ; but one point 
" merits the attention of the laity as bein^ highly 
" important to the discipline of the Church, and appa- 
"rently but little considered : I mean the manner in 
" which this Court can take cognizance of any dis- 
" order or neglect of duty. It appears to be supposed 
" that the best mode of obtaining remedy for such 
" complaints is to give them a wide circulation in the 
" way of rumour, or even to state them publicly in 
" some of the journals : and not much better is the 
( f supposition, especially in a diocese of such vast 
" extent, that the ecclesiastical authorities are bound 
" to know of every irregularity, which may perhaps 
" be abundantly notorious to the persons residing 
" where it prevails. The consequence will be, an 
" imputation of negligence in the exercise of the au- 
" thority, by which all such grounds of complaint 
" should be removed : and yet such imputation would 
" in all cases be unreasonable, but more especially in 
" a diocese, where the actual inspection of the state 
V, of things is, for the present at least, impracticable, 
" and never can be very frequent. The laity, how- 
" ever, it should be understood, have their parts to 
" perform in the restraint of irregularities, by bringing 
*' them to the notice of the ecclesiastical authority in 
" the proper course. 

"In England there are three ways, in which the 



chap. X.] Of the Consistory Court at Calcutta. . 179 

Consistory Courts are authorised to proceed : either 
by inquisition, as when there is a public and pre- 
vailing rumour of some disorder, or persons worthy 
of credit bring it to the knowledge of the Bishop or 
Archdeacon, who then proceeds of his mere office : 
secondly, by accusation, as when a complainant comes 
forward, not as witness, but as promovent or prosecu- 
tor : and thirdly, by denunciation or presentment, 
which last mode, however, is not applicable to this 
diocese, where Churchwardens are unknown to the 
law, still it should seem, that nothing is easier, even 
in this diocese, than to obviate any abuse or neglect, 
by either of the former methods, provided only 
there be desire in the laity to see the evil removed : 
and this, though not specifically the duty of any, 
where there are not persons sworn ' to make pre- 
sentment of all defaults, vices, and irregularities 
committed within a parish and known by them to 
be presentable by the ecclesiastical laws of the 
realm,' does yet become indirectly incumbent upon 
persons especially in station and authority, who 
have the glory of God and the well being of Christian 
society at heart ; and yet, even in such instances, 
admonition it is hoped, where the case admits it, 
will be found effectual, and will spare this Court 
the pain of a formal and public censure. The 
Court, however, will not entertain or encourage 
complaints which are evidently frivolous, or which 
at most demand the publication only of private and 
paternal counsel. 

" Commencing, then, under such auspices, and 
actuated by these views, this Court presumes to 
implore on its endeavours the blessing of Almighty 
God, and trusts, that as its proceedings are directed 
solely to his honor and the good of his Church it 
will be found in due time to have been eminently 
subsidiary to true religion and virtue." 



IXDEX 

TO THE CONTENTS OF THE ANALYSIS. 



ABJURATION, form of oath of. See Oaths. 
Absolution, not to be pronounced by Deacon, 122. 
Actuary, an, may be assumed by the Bishop of Calcutta, 104, 108. 
Adultery, punishment of in Clergy, 67. 
Affinity, wherein prohibits marriage, 77, 78. 
Wife's sister or husband's brother, 79. 
First cousins may marry, 78. 
So may all collaterals in the fourth degree, 78. 
See Marriage. 
Age, Bishops must be thirty years of, 12. 

Marriageable, 80, 81. 
Alleg-anee, form of oath of. See Oath. 

Dispensed with in certain instances for foreign ordination, 115. 
Answer to articles, 171. 

Of party principal, 172. 
Apparel and dress of the clergy, 65. 

Apparitor appointed of the Consistory Court, Calcutta, 169. 
Appeals, in the Indian diocese, to be made to commissioners delegate, 167. 
To be entered in fifteen days, 167. 
See Consistory Court. 
Archbishop of Canterbury, see and diocese of Calcutta subject to the province of, 2, 
A bishop is suffragan to, 12. 

In the diocese of Calcutta appeals not to be^made to, 15. 
May ordain for foreign possessions, 113. 
Notary publics practising abroad appointed by, 106. 
Archdeacon, of the archdeacons in the Indian diocese, 24. 

Extracts from Letters Patent of 2d May, 1814, relating to, ib. 
Of Calcutta, Madras, and Bombay, who first appointed, ib. 
Of Colombo, 25. 
Of New South Wales, ib. 

Duties and functions by the Letters Patent, ib. 

Right of collation of the Archdeacons of Calcutta, Madras, and Bombay in the Bishop of Cal- 
cutta, ib. 
Colombo and New South Wales in the appointment of the Crown, ib. 
In case of vacancy of the see, Archdeacon of Calcutta, Madras, or Bombay, to exercise episcopal 

functions, or by two ministers, ib. 
In case of vacancy of the archdeaconries of Calcutta, Madras and Bombay, same to be carried 

on by chaplain, or some other minister as may be, 26. 
In case of vacancy of Colombo and New South Wales, the duties to be performed by a minister 

as appointed by the Governors, ib. 
Of New South Wales, empowered to appoint a Registrar, ib. 
To be aided by the Court of Directors, Governors, Judges, &c. ib. 
Proceedings against, ib. 

To be bodies corporate with perpetual succession, and hold lands, &c. 26, 27. 
Their institution and other proceedings in the Indian diocese, 27. 
Particulars to be attended to before collation or institution, ib. 
And as to those of Colombo, and New South Wales, ib. 
-The office of an, is a dignity, 28. 
And a benefice with cure, ib. 
Previous examination, ib. 
Where a mixture of divers languages, ib. 
Oath against simony to be taken by, ib. 
Oaths of allegiance and supremacy to be taken by, ib. 
Oath of canonical obedience to be taken by, 28, 
To read in. and subscribe, ib. 



182 INDEX. 

Archdeacon — continued 

And procure certificate, 29. 

When admitted by the Bishop as sufficient, ib. 

Concerning the person instituting, ib. 

Form and manner of institution in the English dioceses, ib. 

Entry thereof in the register, ib. 

Form of instituting of, in the Indian diocese, 30. 

Effect of institution or collation, ib. 

Mandate to induct, ib. 

Form of induction, 31. 

Attendance of Registrar thereon, ib. 

To read in within two months, ib. 

In case of refusal shall be deprived ipso facto, 32. 

Except in case of sickness or lawful impediment, ib. 

The declaration of conformity to be read within three months, 33, 

Without some lawful impediment, ib. 

Office and duties of an, by the ecclesiastical law of England, 34o- 

Is the Bishop's substitute, ib. 

Is an Ordinary, 35. 

Examines candidates for orders, and inducts, ib. 

By Canon law hath power to hold visitations, ib. 

To correct, ib. 

Hath charge of all churches, ib. 

In all things is the Bishop's vicegerent, ib. 

Visitations by, ib. 

May visit once a year, ib. 

Shall see that the offices of the church are duly administered, ib. 

Further functions of, in the Indian diocese, 36. 

Days of preaching at Calcutta, ib. 

At the other archdeaconries, ib. 

Their right of preaching on other occasions, ib. 

Bishop Middleton's opinion thereon, ib. 

Resignation by, of the archdeaconries of Calcutta, Madras, and Bombay, 37V 
Do. of New South Wales and Colombo, ib. 
Resignation what, 38. 
To whom made, ib. 

Should be made in person regularly, ib. 
Must be absolute and not conditional, ib. 
In case of exchange, ib. 

Must be accepted by the Ordinary and why, 38, 39. 
Of the form of resignation of, See Forms. 

Each of the Archdeacons in the Indian Diocese, the Commissary of the Bishop, 39* 
See Commissary, also Forms relating to Archdeacons. 
Archdeaconries, in the diocese of Calcutta, 5. 
Every diocese divided into archdeaconries, ib. 

Of Calcutta, Madras, and Bombay, extracts from letters as to the same, ib. 
Subject to the Bishop of Calcutta, ib. 
Of Colombo, extracts from Letters Patent, as to, ib. 
Subject in like manner, 6. 

Of New South Wales, extracts from Letters Patent, 6. 
Subject in like manner, ib. . ~ . 

Indian archdeaconries not yet defined by boundaries, as in the English dioceses, ib. 
Nor contain any defined districts or parochial places or parishes as in the English archdeacon- 
ries, ib. 
Of the ecclesiastical stations or districts therein, ib. 
Those stations undefined, 7. 

Suggestions for forming parochial districts at Calcutta, ib. 
In the present want thereof, duties of Clergy not ascertained,^. 
Tables of churches and stations in the archdeaconries of Calcutta, Madras, Bombay, and 

Colombo, 8. 
Of those in the archdeaconry of Calcutta, 9. 

Of those in the archdeaconry of Madras, 10. of those of Bombay, 11. of Colombo, ib 
Articles, the thirty-nine, to be subscribed by Archdeacons, 28. Commissaries, 41. Ministers, 55. 
Registrars, 107. Priests and deacons, 120. 

B 

Banns of marriage, 74. See also Marriage. >. .] /"/»■-". • 

Baltism, duties of clergy in relation to, 81. of infants, ib. private, 82. public ibto be a font for ib 
every church, 82? people to be admonished in respect to, ib. no minister to refuse or delay, 



INDEX. 



183 



83. notice to be given, ib. to be sponsors, 83. when to be ready at the font, ib. the form of, 84. 
in ease of sickness ib. those of riper years, ib. fees for, 84 and 85. 
Benefice, an archdeaconry is a benefice, 28. 
Bible to be in churches, 134. 
Bishop of the See and Diocese of Calcutta, 12. 

Of the episcopal office in general, ib. 

Particulars as to the office of a, ib. 

Is universal incumbent of his diocese, ib. 

Is the Arcbbishop's suffragan, ib. 

Must be 30 years of age, ib. 

Four requisites, election, confirmation, consecration, and installation, tb, 

Right of election in the Crown, ib. 

And confirmation, 13. 

Election in very early times the usual Jtnode, ib. 

After election and confirmation invested with spiritual jurisdiction, ib. 

Cannot su-- for temporaries till after consecration, ib. 

Particulars as to Bishop of Calcutta, ib. 

Extracts, 53 Geo. 3, cap. 155, concerning, 14. 

Bishop of Calcutta not to have jurisdiction, &c. except such as limited by His Majesty by 
Letters Patent, ib. 

His Majesty may grant by Letters Patent such jurisdiction, &c. as he may think necessary, ib. 

The warrant to be countersigned by the President of the Board of Controul, 14 and 15. 

Letters Patent 2d of May 1814, appointment of Bishop Middleton, 15. 

To be subject to the Archbishop of Canterbury, save in appeals, ib. 

Power of collating to the archdeaconries of Calcutta, Madras, and Bombay, ib. 

To ordain and confirm, ib. 

By him or his Commissary to exercise jurisdiction spiritual and ecclesiastical, ib. 

To grant licences to clergy to officiate, ib. 

To visit and call before him his clergy, &c. ib. 

To administer oaths, 16. 

To punish and correct by deprivation, suspension, or other censure, ib. 

To appoint a Registrar in each archdeaconry or assume an Actuary, ib. 

Court of Directors, Governors, Judges, &c. to aid, ib. 

To be a body corporate with perpetual succession, ib. 

To purchase and hold lands, &c. ib. 

To have a corporate seal, ib. 

The office to be resigned to commissioners delegate, IT. 

Extracts from Letters Patent as to the jurisdiction and powers of the Bishop over the archdea- 
conry of Colombo, ib. 

The same to be as over the other archdeaconries except the right of collating, ib. 

Extracts of Letters Patent of the 27th of May, A. D. 1823, as to the whole of His Majesty's 
territories, and may appoint commissaries throughout, ib. 

And exercise all the rights, powers, functions, &c. over the same, 18. 

Consecration of the Bishop of Calcutta directed by Letters Patent, ib. 

Being consecrated may be installed, 19. 

Installation, &c. in India, ib. 

Official information to be given to Government of arrival of, with copy of Letters Patent and 
act of consecration, ib. 

Orders issued by Government thereon to install, 19. 

Public announcement by Government of the appointment of, ib. 

Order of proceeding at Calcutta on the installation of the, ib. 

Registrar to attend thereat, 20. 

Hath his Consistory Court, ib. 

Shall officiate on the chief festivals, and shall visit and consecrate, ib. 

To be resident especially on solemn days, ib. 

And in Lent and Advent, ib. 

Jn India days of preaching -of, 21. 

Title of Bishops, ib. 

Precedence of Bishop of Calcutta in India, ib. 

House or residence to be provided for, 21. 

As to preferment belonging to, ib. 

Besides collating to the archdeaconries of Calcutta, Madras, and Bombay, appoints his own 
chaplain, 22. 

Appoints the Registrars, ib. 

Registrar of Calcutta, practices as his secretary, ib. 

Extracts of Letters- Patent as to vacancy of the see by demise or otherwise, ib. 

In case of vacancy Archdeacon of Calcutta to act, ib. 

Archdeacon of Madras, or Bombay, or two clergymen to be appointed by the Governor Gene- 
ral in Council, ib. 

Resignation by, to be made to His Majesty's commissioners delagate, 23. 



184 



INDEX, 



Bishop — continued. 

When bishoprics vacated in England, guardian of spiritualties appointed, ib. 

Who hath jurisdiction of courts, grants admissions and institutions, but cannot consecrate 01 
ordain, ib. 

When the power of such officer ceaseth, ib. 

On the death of Bishop Middleton functions of, by whom exercised, 23. 

On the death of Bishop Heber, ib. 

Of London power to ordain for foreign possessions, 113. in reference to Company's Chaplains, 58. 
Bishopric of Calcutta subject to the province of Canterbury, 15. 
Books. Register Books supplied by local Government, 88. See also Registers. 
Boundaries of dioceses, how ascertained, 5. 

British subjects abroad governed in respect to marriage by Canon law, 70. See Marriage, 1. 
Burial, duties of the Ministers and Chaplains relating to, 85. 

Minister not to refuse, ib. 

The office for whom to be denied, ib. 

Minister to use the form as appointed, 86. 

Not to be denied on account of fees, ib. 

Minister not to demand or take fees unless as accustomed, ib. 

Lord Stowell's judgement as to fees for burial, ib. 



Cathedral, origin of, 3. 

Is the See of the Bishop, ib. 
Ought to be in some considerable town, ib. 

Saint John's church at Calcutta now the Cathedral of the See of Calcutta, 4. 
No clergyman to officiate in, unless licenced, 55. 
Chaplains and Ministers at Calcutta when directed to preach, 61. 
Chapels, what, 134. See Consecration of churches. 
Chaplains. See Ministers and Chaplains. 
Christening. See Baptism. 

Church, of what should consist, 134. See Consecration of churches. 
Citation, at visitations. See Visitation. 
City, so denominated from the See, 3. 

Clergy, all stipendiary in the Indian Diocese. See Ministers and Chaplains. 
Clerk, with whom the appointment of, in general rests in the Indian Diocese, 137. 
Collation. See Archdeacons. 
College, Bishop's, near Calcutta, 135. 

Commissary, the Archdeacons are the Bishop's Commissaries in each of the archdeaconries, S9+ 
and may exercise jurisdiction as limited by him, ib. 
Power of appointing of, in the Bishop, 39. office and duty of, ib. qualifications of, ib. must be 
six and twenty, and a master of arts or bachelor of law, at least, 40. must take the oath of 
supremacy in the presence of the Bishop, or in the open Court, and subscribe to the 39 
articles, and his oath of office, 41. and see further Forms. 
Commissioners delegate, in the Indian Diocese, for hearing and determining appeals, Judges of the 
Supreme Court of Judicature at Calcutta and Members of Council at Calcutta, 167. any 
three one to be a judge, to decide, ib. 
Registrar of the archdeaconry of Calcutta to be Registrar to, ib. 
Proceedings against Archdeacons to be before, ib. 
Common Prayer, omitting to read the form of ; declaration of assent thereto ; subscription and 
declaration of conformity. See Archdeacons ; Ministers and Chaplains ; Ordinations. .' 
A book of, to be furnished for a church, 134. 
Confirmation in the diocese of Calcutta, 127. extract from Letters Patent concerning, ib. 
Office of confirmation, chiefly from the Rubric and Canons, ib. 
Imposition of hands, 128. 

Every Bishop to observe the custom at their visitation, ib. 

No persons to be presented unless they can give an account of their faith, &c. ib. 
Lists to be made by the ministers of those to be confirmed, ib. 
Proceedings at confirmations in the Indian Diocese, 129. 

Bishop's letter to the clergy forwarding the exhortation, preparatory to confirmation, and in- 
structions thereon, ib. 
Notice and exhortation of the Clergy to be read in Churches, 130. 
What notice given, tickets, lists, and order of proceeding in the Indian diocese, 131. 
Consecration of churches in the Indian diocese, 133. 
Of consecration and dedication, ib. 

If rector or vicar of an unconsecrated church, he shall apply within one year for consecration, ib. 
Under pain of suspension, ib. must have administration of sacraments and sepulture, 134. 
And consecration, ib. 
Of what a church should consist ; a belfry or steeple, aisle, chancel and cemetery, ib. 



INDEX* 185 

Consecration — contin ued. 
Chapels what, 134. 
Churches in the Indian diocese, 135. 

In India request and consent of the local Government to consecrate, ib. 
Unless the church be privately endowed, ib. 
Private chapels in the Indian diocese, 136. 

By the ecclesiastical law divine service not to be administered without licence of the Bishop, ib. 
In the dioceses in England no congregation of more than twenty persons, besides the family, to 

be permitted, unless the place be first certified and registered, and particularly where banns 

are to be published, ib. 
To whom churches, &c. intrusted in general in the Indian diocese, 137. 
Appointments of clerk and subordinate officers rest, in general, with the Officiating Minister or 

Chaplain ; books, plate, surplices, in general, provided by the local Governments, ib. 
To whom also intrusted, ib. 
Suggestions, ib. 

Licences granted till consecration, 138. 
Requisites preparatory to consecration, ib. 
Church and church-yard to be enclosed, iK 
Instruments to be prepared, ib. 
Proceedings and form of consecration, 139. 
*Of a church-yard singly, 147. 
See Forms. 
Consistory Court, at Calcutta, 165. 
Consistory, signification of, ib. 

Is the Court Christian or spiritual Court of a diocese, held at the Cathedral, ib. 
Every Bishop hath his Consistory Court, ib. 

And in right of his office is "judex ordinai-ius'' within his diocese, ib. 
Bishop's jurisdiction derived from the Crown, ib. 
And may make a layman his Commissary or preside himself, ib. 
Bishop appoints his Commissary in places remote, ib. 
And a Registrar, ib. 

From the sentence of this Court an appeal lies, ib. 
Extracts from Letters Patent applicable, 166. 

The Bishop of Calcutta subject to the Archbishop of Canterbury, ib. 
The same as any other Bishop, ib. 

Save in appeals from the Bishop's judgments, decrees, and sentences, ib. 
Which are to be made to Commissaries Delegate, ib. 
Besides the jurisdiction and powers already detailed, Bishop of Calcutta to perform all other 

functions peculiar to the office of a Bishop, ib. 
Nevertheless, in all grave matters of correction, to proceed in due form of law, ib. 
And in the archdeaconry in which the party resides, 167. 
Appeals to be entered in fifteen days, ib. 
Commissioners Delegate for hearing and determining such appeals to be the Judges of the 

Supreme Court of Calcutta, and Members of Council for the time being, ib. 
Any three of whom one to be a judge to decide, ib. 

Registrar of the archdeaconry of Calcutta to act as Registrar to such Commissioners, ib. 
Proceedings against Archdeacons to be before, ib. 

A copy of all sentences to be transmitted to the respective Governments, ib. 
Supreme Courts to interfere by mandamus or prohibition as in the case of the King's Bench in 

England, ib. 
Nothing to repeal the charters of justice so far as did not appertain to correction of clerks, or 

spiritual superintendence of ecclesiastical persons, ib. 
Nor to abridge the power of Government as to residence of any person, ib-i 
Of the establishment of the Consistory Court at Calcutta, 168. 
Previous observations upon, and reasons for Bishop Middleton's opening and establishing the 

Consistory Court at Calcutta, ib. 
When opened and established at Calcutta, 169. 
What days to be convened if business reqiiires, ib. 
The Cathedral not affording accommodation where held, ib. 
Officers appointed, ib. 
Proctors, ib. 
Apparitor, ib. 
Assessor, ib. 

Proceedings in general of Consistoiy Courts, 170. 
Of the causes cognizable therein, 171. 
Articles against offenders, ib. 
Answer to articles, ib. 
Causes of contempt, 172. 
Articles containing the contempt, ib. 
Answer of party principal, ib. 
Sentence, ib. 

b b 



186 



INDEX, 



Consistory Court—continued. 

Bishop Middlt ton's address on the opening of the Consistory Court at Calcutta, 173. 
Court, Bishop s Consistory, at Calcutta see last title. 
Curates. See Ministers and Chaplains. 

D 

Deacon, the office of, 121. See also Ordination in the Indian diocese. 

Declaration of conformity. See Subscriptions. 

Dedication. See Consecration of churches. 

Delegates. See Commissioners Delegate and Consistory Court. 

Deprivation, power in the Bishop of Calcutta of, 16. 

Diocese of Calcutta, Extracts of Letters Patent, 1. 

British territories in the East Indies constituted a diocese, 2- 

Subject to the province of Canterbury, ib. 

Further extended, ib. 

English realm ecclesiastically divided into dioceses, ib. 

The word diocese what, 3. 

The vast countries now forming the diocese of Calcutta, 4. 

Boundaries of dioceses how determined in England, 5. 

Every diocese divided into archdeaconries, 5. 
Discipline of the United Church of England and Ireland, recital as to, 1. 
Districts, ecclesiastical, in the Indian diocese, 6. 

Not yet ecclesiastically formed or defined, 7. 

Suggestions as to at Calcutta, ib. 
Doctrine of the United of Church of England and Ireland, recital as to, 1. 



Examination of persons to be collated and instituted, 28. 

Of those to be ordained, 117, 118, 119. 
East Indies, doctrine and discipline of the United Church of England and Ireland professed by 
His Majesty's Subjects in the, .1. 

F 

Font to be in churches, 82. 
Forms. Relating to the Bishop : 

Proceedings on the installation of, 1 9. 
Relating to Archdeacons : 

Institution of, 30. induction, 31. No. 1, oaths of allegiance, supremacy, simony, canonical 
obedience, 41. subscriptions to the 39 articles, the three articles of the 36th canon, decla- 
ration of conformity, ib. No. 2, Bishop's certificate of subscriptions, and oaths, 42. No. 3, 
declaration of conformity, ib. No. 4, Bishop's letters of collation and institution, 43. No. 5, 
mandate to induct, ib. indorsement thereon, 44. No. 6, of resignation, ib. No. 7, proxy for 
the same, 45. No, 8, of acceptance of the same, ib. when instituted by commission. No. 9, 
commission, 46. the indorsement thereon, 47. No. 10, certificate to be sent with commission, 
48. No. 11, commissaries certificate, ib. if the Bishop collates. No. 12, letters of collation 
to be sent with commission, 49. No. 13, commissary's letters of institution or certificate, ib. 
Relating to Commissary : 

Of oath of supremacy, and of office, 41. of subscription to the 39 articles, ib. No. 14, Com- 
missaries letters of appointment or patent, 50. 
Relating to Ministers and Chaplains and the other clergy: 

Of certificate of publication of bauns, 75. of registers and returns for marriage, 94. of registers 
and returns for baptism, 95, of registers and returns for burial, 96. attestation for returns, 97. 
In reference to licence : 

Oath of allegiance, supremacy, and canonical obedience, 98. subscriptions, to the 39 articles, 
the three articles of the 36th canon, declaration of conformity, ib. No. 2, Bishop's certifi- 
cate of oaths and subscriptions, 99. No. 3. of declaration of conformity, ib. No. 4, licence for 
Ministers and Chaplains, ib. when licenced by commission. No. 5, Commissary's certificate 
of oaths and subscriptions, 100. No. 6, declaration of conformity, 101. No. 7, Com- 
missary's licence, ib. No. 8, Bishop's licence, on Commissary's certificates, 102. No. 9, 
letters testimonial, 103. No. 10, licence for a Missionary, addenda, 125. 
Registrars : 

Oaths of allegiance, supremacy and of office, 109. 
Subscriptions, 39 articles, and to the first and 3d articles, and to the two first clauses in the 
second article of the 36th canon, ib. No. 2, the Bishop's patent of appointment of, 110. 
No. 3, form of surrender of patent, 111. Registrar's act on the consecration of a church, 150. 
Ordination : 

No> 1, Registrar's notice, 122. No. 2, clergyman's siquis, ib. No. 3, certificate thereof, 123. 
N o, 4, of baptism, ib. Wo, 5. letters testimonial, 123, No. 6, nomination, ib. No. 7, de- 



INDEX. 187" 

Forms — continued. 

claration and agreement, 124. oaths of allegiance, supremacy, canonical obedience, 125. 
subscription to tbe 39 articles, declaration of conformity, and the three articles, ib. No. 8, 
letters of Deacon's orders, 126. letters of Priest's orders, ib. 
Confirmation, proceedings as to, 129. Bishop Middleton's letter to the clergy, ib. Clergyman's 

notice and exhortation, 130. ticket, 131. Registrar's notice, 132. 
Relating to Churches : 

Consecration of a church and cemetry, 139. of a cemetery alone, 147. 

No. 1, Petition to consecrate, adapted to church and burial ground, 148. No. 2, concerning 
deed of donation, 149. No. 3, form of sentence of a consecration for church, 149. No. 4, for 
cemetery, 150. No. 5, actuary's act for registry on consecration, 150. No. 6, petition for 
allowance of divine service until consecration, 152. No. 7, licence for the allowance of 
divine service thereon, ib. No. 8, petition for the admission and erection of a monument or 
tablet within the church, 153. No. 9, faculty thereon, 154. 
Relating to Visitation : 

Bishop's Middleton's circular letter previous to his primary visitation, 158. his articles of en- 
quiry therewith, 159. form and manner of holding a visitation in the Indian diocese, 160. 
No. 1, Registrar's notice, 161. No. 2, Bishop's mandate to cite, 162. No. 3, archdeacon's 
citation, ib. No. 4, Archdeacon's notice published in the Gazette, 163. No. 5, commission 
to hold a visitation, 164. 



Guardian of the spiritualties, who, 23^. 

I 

Incumlent, the Bishop universal Incumbent in bis diocese, 12. 

Induction. See Forms relating to Archdeacons. . 

Infants, at what age may marry, 80, 81. 

Installation of the Bishop in the Indian Diocese. See Forms relating to Bishop. 

Institution of Archdeacons, and requisites, thereto. See Forms relating to Archdeacons. 



Jurisdiction spiritual and ecclesiastical, to be exercised in the Indian diocese in certain cases by 
the Bishop and Commissaries according to the ecclesiastical law of England, 15- 



Letters of orders. See Ordination, 

Testimonial. See Forms relating to Ministers and Chaplains. . 
Licences to officiate, Bishop authorized and directed to grant, 53. 
Licences of marriage. See Addenda, p. 122. 

M 

Marriage duties of the Clergy as to the solemnization and law of marriage, 70. 

British subjects abroad governed in respect of marriage by the canon law, 70. 

No minister under pain of suspension for three years to celebrate matrimony without licence or 
banns, ib. 

Nor shall solemnize marriage between parties licenced, except only between the hours of 8 and 
12 in the forenoon, ib. 

Nor in any private place but in the Church of one of the parties, ib. 

Nor by banns without consent of parents if parties under 21, ib. 

Marriage to be solemnized in the face of the Church, ib. 

And at no other church than the church to which tbe woman belongs as a parishioner, ib. 

Licence of, 71. 

To be granted by none but such as have episcopal authority, ib. no Minister on pain of sus- 
pension per triennium ipso facto, shall celebrate matrimony without, ib. 

Residence of the parties and place where maniage to be performed to be stated in the 
licence, 72. 

The Archbishops and Bishops authorized only to grant licences by the marriage act, 72. not 
to be granted to any but such as reside in the diocese, 72. in case of a caveat entered, 73. 

Before any licence granted the oaths to be taken before the surrogate or other authorized 
person, 73. 

And no surrogate to be appointed without having taken the oath of office, 73. 

"When a new licence necessary, 74. 

Banns of, 74. 

Where parties dwell in divers parishes or places, 75. 



188 , INDEX. 

Ma rriage — continued 

Form of certificates of the publication of banns in tbe Indian Diocese, 75. 

Form of solemnization of, 75. to be solemnized in the presence of two witnesses besides the 

minister, ib. 
General summary of the laws and canons relating to solemnization of marriage, 75. of the 
solemnization of marriage, ib. marriages solemnized by Romish priests, 76. were anciently 
prohibited from being solemnized in Lent, ib. marriage in light of a civil contract to be; 
deemed valid where parties are first, willing, ib. and secondly, able to contract, 77. 
Canonical disabilities, ib. 

The prohibited degrees, 78. other prohibitions, 79. 
Legal disabilities of, by the municipal laws, ib. 

Prior marriage, ib. want of age, 80. want of consent, ib. want of reason, ib. must be performed 
by a priest in orders, ib. 
Minuters and Chaplains in the diocese of Calcutta, 53. Extract from Letters Patent, ib. preliminary 
observations as to the ecclesiastical denomination, and the Advocate General's (Mr. Strettell) 
opinion thereon of curates and parsons, 54. licence necessary and other particulars, ib. clergy 
not to remove from one diocese to another without letters of testimony, ib. agreeable to the 
canon law, ib. strangers not to preach without licence, 55. no minister to officiate in any 
Cathedral -without licence from the Bishop, ib. 
To be lawfully called and sent, 55. 
In order to licence what is requisite, ib. 
One licence may serve in any diocese, ib. 
Subscriptions to be made preparatory to licence, ib, 
Reading in and act of conformity, 56, 
Declaration of conformity, 57. 
And after declaration read the same, ib. 
Oaths to be taken previous to licences, ib. 
Canonical obedience, ib. 

Instructions for obtaining licence to officiate in the Indian diocese, 58. 
Company's Chaplains producing testimonials, ib. 

Testimonials being approved the documents necessary to be prepared, 59. 
Eishop Middleton's system of licencing and his reasons, ib. 

That system altered after the arrival of Bishop Heber, and the term district added, 60. 
Bishop Heber's reasons, ib. 
His licence of missionaries, ib. 
When party to attend to be licenced, ib. 
When licenced to preach once at the Cathedral, 61. 
The prior right of the Chaplains to be appointed Archdeacons, and the period they aTe to serve to 

be entitled to pensions under the act, ib. 
Soldiers Libraries, 62. 

For the different ecclesiastical proceedings in which the Chaplains and Ministers may be, 
concerned see installation, institution, induction, ordination, confirmation, visitation, consecration 
of churches. 
On returning to Europe usual to take letters testimonial, ib. 
Of the canonical and other practical duties of the Ministers and Chaplains in the Indian 

Diocese, 63. 
Omitting the form of prayer, ib. 

Bishop Middleton's sentiments thereon in the Indian Diocese, ib. 
Preaching. Every Minister to preach one sermon on Sundays, and on other occasions at. 

anciently laid down, 64. 
Habit and dress of the ministry, 65. unworthiness, ib. reviling and obstructing the ordinances 
of the church, 66. Bishop's power to punish and chastise for fornication, adultery, &c. 67. 
carrying on traffic or trade, 68. how licences may be revoked, ib. subject to an appeal, ib, 
how otherwise deprived, 69. exemptions and privileges of the Clergy, ib. 
Duties as to the solemnization and law of marriage, see Marriage. As to baptism, see 
Baptism. As to burial, see Burial, For Registers of marriages, baptisms and burials, see 
Registers, For making returns, see Returns. General conclusion in reference to the duties oi 
clergy, 97. See also Forms. . 

Missionaries, Bishop Heber's mode of licence, 60. See Form of licence, in addenda, page 121. 
Monuments, petitions and faculties relating to. See Forms. 

N 

Notary Public, by the law books, 105. his act, ib. and testimony by the canon law, it. credit which 
the canon law gives, 106. faculties granted by the Archbishop of Canterbury to, persons 
practising abroad, ib, 

o 

Oaths, power of Bishop of Calcutta and his Commissaries to administer, 16. 
Concerning canonical obedience, 57, 58. 



INDEX. . 189 

Qatks— continued. 

Of allegiance and supremacy, of canonical obedience, and against simony, to be taken by 

Archdeacons, 28. of supremacy and of office, to be taken by Commissary, 41. 
Of allegiance and supremacy, and of canonical obedience by Ministers and Chaplains, 57. 
To be taken by Priests and Deacons, 119. of allegiance and supremacy, and of office, by Regis* 

trars, 109. 
Orders not to be accounted a sacrament, 115. For letters of orders, see Ordination. Forms. 
Ordination in the Diocese of Calcutta, 112. extracts from Letters PateDt concerning, ib. extracts 

from statute, power granted to Eishop of Calcutta to ordain in his diocese under certain 

title and oaths, ib. as to title for foreign ordination, 113. 
Archbishop of Canterbury and Bishop of London power to ordain for foreign possessions, ib. 
What declaration in writing of the party to be ordained to be a sufficient title, ib. 
No person so ordained capable of holding any benefice, &c. in England without consent, ib. 
No person ordained by Bishops of Calcutta, Nova Scotia, or Quebec, capable of officiating in. 

England without consent, 114. 
In certain cases the oath of allegiance dispensed with, 115. 
And of orders in general, ib. 
Of the offices of Priest and Deacon, ib. 
Orders not to be accounted a sacrament, ib. 
Of orders generally from the times of the apostles, ib. 

And no man to execute them except he be called, tried and examined, 116. 
And by public prayer and imposition of hands, ib. 

Of the form of ordination as annexed to the Book of Common Prayer, ib. 
Time and place, ib. 

Proceedings in the Indian Diocese relating to, 117. 
Qualification and examination of candidates for, ib. 
Necessary title, ib. 
Examination to be made, ib. 

No simoniac, homicide, or excommunicate to be admitted, 118. 
Learning, ib. 

Good life and doctrine, and competent knowledge of Latin, ib. 
To exhibit letters testimonial, ib. 
As to priest's orders in particular, ib. 
Letters testimonial, ib. 

Candidates for, when to appear and to be examined, and by whom, 119. 
And for how long, ib. 
Simony by the act, ib. 
Oaths and subscriptions, ib. 

What documents to be prepared and produced in the Indian Diocese, 120. 
As to the service, and form, and manner of ordaining, 121. 
Of the office of Deacon, ib. of the office of Priests, 122. offices of Deacon and Priest not to be 

relinquished upon pain of excommunication, ib. to exhibit letters of orders at visitation, ib. 



Parson, definition of the term, 54. 

Preaching, Archdeacon's days for, and right of, 36. Clergy at Calcutta, as licenced, to preach one© 
in the cathedral, 61. 

Strangers not permitted to preach without licence, 55. 

Duties of Clergy as to, 64. 
Priest, the office of, 122. See Ordination. 
Proceedings of Consistory Court, 170. See Forms. 
Proctors of the Consistory Court at Calcutta, 169. 
Prohibition, Supreme Court to interfere by, 167. 
Pulpit to be in Churches, 134. 

R 

Beading desk to be in churches, 134. 

Realm of England how divided, 2. 

Registers of marriages, baptisms and burials, 87. 

By canon, books to be provided, 87. 

And safely kept, ib. 

By the statutes, 88. 

Books found by local authorities, ib. 

Suggestions as to Clergy in the Indian Diocese keeping private registers in addition, ib. 

Importance of regularity in keeping, 89. 

Are evidence of births, marriages and burials, ib. 

To be signed by the ministers, 90. 

And in England transmitted annually to the Registrar, ib. 



1.90 



INDEX. 



Registers — continued. 

Extract from Bishop Middleton's address on the subject of the registers in India, ib. 
Additional observations thereon, 91. 

Bishop Heber's forms for, in the Indian Diocese, 94. See Returns. 
Registrars, in the diocese of Calcutta, 104. extracts from Letters Patent concerning, ib. 

Power of the Bishop to appoint, ib. Registrar for the archdeaconry of Calcutta acts for Com- 
missioners Delegate, ib. must be a Notary, 105. no person exercising ecclesiastical jurisdiction 
to speed any act without, ib. of the appointments and duties of in the Indian Diocese, 106., 
are appointed under an episcopal patent, 107. subscribe to the 39 articles, and the two clauses 
of the second article of the 36 canon, ib. summary of duties, ib. See Forms relating to 
Registrars. 
Resignation, of the episcopal office, to be made to the Commissioners Delegate, 23. of Archdeacons, 

38. See further thereon, Archdeacons. Forms. 
Returns, official, of Registers in the archdeaconry of Calcutta, 92. of making the returns, ib. since,, 
1816, ib. were half yearly, now quarterly, ib. the times when to be made, 92. suggestions a* 
to, ib. 
Form of attestation to returns, 97. 
Revocation of licence, as to, 68. 



Seal, the Bishop of Calcutta empowered to have a corporate seal, 16. 

See, origin of, 3. See Cathedral. 

Sentence, any, to be pronounced by the Bishop or Commissary to be transmitted to the local 

Government, 167. 
Sermon. See Preaching. 

Simony, as to, 119. oath against to be taken by Archdeacons. See Archdeacons.. 
Strangers, not to preach without licence, 55. 
Subscriptions. See 39 Articles, Common Prayer, also Forms. 
Supremacy. See Oath. 

Surplices provided by the local authorities, 137. 
Surrogates, duties of surrogates respecting licences of marriage, 72, 73. See also Addenda. 



Table, communion, to be in Churches, 134. 

Tables, of Churches in the Indian archdeaconries, 8. of Calcutta, 9. of Madras ,J10. of Bombay, 11, 

of Colombo, ib. 
Testimonial for orders, see Ordination. For Ministers and Chaplains, see Ministers, and Chaplains, 

See Forms. 
Title for ordination. See Ordination. 

V 

Visitation in the Diocese of Calcutta, 155. 
Extracts from Letters Patent concerning, ib. 
Expences thereof to be defrayed by the Company, ib. 
Of episcopal visitation in general, ib. 

The office of confirmation to be performed at visitation, 156. 
Rules to be observed, ib. 

Clergy to exhibit letters of orders, licences, &c. at the primary visitation, ib. 
Visitation in the Indian Diocese as made, 157. ' 
The Bishop's mandate, ib. 
Lists of the Clergy to be made, ib. 
Archdeacon's citation, 158. 
Clergy to exhibit letters of orders, ib. 
As to the attendance of Clergy in the interior, ib. articles of enquiry circulated by Bishop 

Middleton at his primary visitation, ib. 
Form and mode of holding visitations in the Indian Diocese, 160. 



TABLE OF CONTENTS 



or THE 



APPENDIX 



No. Page 

1. The Thirty-nine Articles 1 

2. The Canons and Constitutions of 1603 15 

3. Extracts from 53d Geo. III. cap. 155 77 

4. Extracts from 4th Geo. IV. cap. 71 80 

5. Letters Patent, of the 2nd May 1814, 54 Geo. Ill 82 

6. Grant of the Armorial Ensigns to the Seal of the See of Calcutta. 90 

7. Letters Patent, 27th Sept. 1817, 57 Geo. Ill 91 

8. Letters Patent, 27th Sept. 1817,57 Geo. Ill 95 

9. Letters Patent, 27th May, 1823, 4 Geo. IV 97 

10. Letters Patent, 2nd October, 1824, 5 Geo. IV , 100 

11. Letter from Bishop Middleton to the Rev. Anthony Hamilton... 104 

12. General Orders, by the Honorable the Governor General in Coun- 

cil at Fort William respecting Soldiers Libraries ... - 112 

13. Regulations of the Honorable East India Company concerning 

their Chaplains, on the Bengal Establishment 113 

Addenda « 121 



APPENDIX. 



ARTICLES 



AGREED UPON BY 



Cfje %Lxtl)Mtf)op$ ants IStefjop* of fcotf) i?robtttm, 
antr tfje tofjole <£ltXQV> 

In the Convocation holden at London, in the year 
1562, for the avoiding of Diversities of Opinions, 
and for the stablishing of Consent touching true 
Religion: Reprinted by His Majesty's Command- 
ment, with his Royal Declaration prefixed thereunto. 

HIS MAJESTY'S DECLARATION. 

BEING by God's Ordinance, according to our jnst Title, Defender 
of the Faith, and Supreme Governour of the Church, within these 
our Dominions, We hold it most agreeable to this our kingly office, 
and our own religious zeal, to conserve and maintain the Church 
committed to our charge, in unity of true religion, and in the bond 
of peace; and not to suffer unnecessary disputations, altercations, 
or questions to be raised, which may nourish faction both in the 
Church and Commonwealth. We have therefore, upon mature 
deliberation, and with the advice of so many of our Bishops as might 
conveniently be called together, thought fit to make this Declaration 
following : 

That the Articles of the Church of England (which have been 
allowed and authorized heretofore, and which our Clergy generally 
have subscribed unto) do contain the true Doctrine of the Church of 
England, agreeable to God's Word: which We do therefore ratify 
and confirm, requiring all our loving subjects to continue in the 
uniform profession thereof, and prohibiting the least difference from 
the said Articles ; which to that end We command to be new printed, 
and this our Declaration to be published therewith, 

b 



No. i, 



His Majesty's Declaration. [app. 

No. l. That We are Supreme Govemour of the Church of England : And 

that if any difference arise about the external policy, concerning 
the injunctions, canons, and other constitutions whatsoever thereto 
belonging, the Clergy in their convocation is to order and settle 
them, having first obtained leave under our broad seal so to do : and 
We approving their said ordinances and constitutions; providing 
that none be made contrary to the laws and customs of the land. 

That out of our princely care, that the Churchmen may do the 
work which is proper unto them, the Bishops and Clergy, from time 
to time in convocation, upon their humble desire, shall have license 
under our broad seal to deliberate of, and to do all such things, as 
being made plain by them, and assented unto by Us, shall concern 
the settled continuance of the doctrine and discipline of the Church 
of England now established ; from which We will not endure any 
varying or departing in the least degree. 

That for the present, though some differences have been ill raised, 
yet We take comfort in this, that all Clergymen within our realm 
have always most willingly subscribed to the Articles established ; 
which is an argument to Us, that they all agree in the true, usual, 
literal meaning of the said Articles ; and that even in those curious 
points, in which the present differences lie, men of all sorts take 
the Articles of the Church of England, to be for them ; which is an 
argument again, that none of them intend any desertion of the 
Articles established. 

That therefore in these both curious and unhappy differences, 
which have for so many hundred years, in different times and places, 
exercised the Church of Christ, We will that all further curious 
search be laid aside, and these disputes shut up in God's promises, as 
they be generally set forth to us in the Holy Scriptures, and the general 
meaning of the Articles of the Church of England, according to them. 
And that no man hereafter shall either print or preach to draw the 
Article aside any way, but shall submit to it in the plain and full 
meaning thereof: and shall not put his own sense or comment to 
be the meaning of the Article, but shall take it in the literal and 
grammatical sense. 

That if any publick reader in either of our universities, or any 
head or master of a college, or any other person respectively in 
either of them, shall affix any new sense to any Article, or shall 
publickly read, determine, or hold any publick disputation, or suffer 
any such to be held either way, in either the universities or colleges 
respectively; or if any divine in the universities shall preach or 
print any thing either way, other than is already established in 
convocation with our royal assent; he, or they the offenders, shall 
be liable to our displeasure, and the Church's censure in our 
commission ecclesiastical, as well as any other : And We will see 
there shall be due execution upon them. 



a p p . ] A r ticks of Religion. 

ARTICLES OF RELIGION. No. i. 



I. — Of Faith in the Holy Trinity. 

There is but one living and true God, everlasting, without body,, 
parts, or passions; of infinite power, wisdom, and goodness; the 
Maker and Preserver of all things both visible and invisible. And in 
unity of this Godhead there be three Persons, of one substance, 
power, and eternity; the Father, the Son, and the Holy Ghost. 

II. — Of the Word or Son of God, which was made 

very Man. 

The Son, which is the Word of the Father, begotten from ever- 
lasting of the Father, the very and eternal God, and of one substance 
with the Father, took Man's nature in the womb of the Blessed 
Virgin, of her substance : so that two whole and perfect Natures, 
that is to say, the Godhead and Manhood, were joined together in 
one Person, never to be divided, whereof is one Christ, very God, 
and very Man, who truly suffered, was crucified, dead and buried^ 
to reconcile his Father to us, and to be a sacrifice, not only for 
original guilt, but also for actual sins of men. 

III. — Of the going down of Christ into Hell. 
As Christ died for us, and was buried; so also is it to be believed,, 
that he went down into Hell. 



IV. — Of the Resurrection of Christ. 

Christ did truly rise again from death, and took again his body, 
with flesh, bones, and all things appertaining to the perfection of 
Man's nature, wherewith he ascended into Heaven, and there sitteth 
until he return to judge all Men at the last day. 



V.— Of the Holy Ghost. 

The Holy Ghost, proceeding from the Father and the Son, is of 
one substance, majesty, and glory, with the Father and the Son, 
very and eternal God. 

VI .— Of the Sufficiency of the Holy Scriptures for Salvation.^ 

Holy Scripture containeth all things necessary to salvation : so 
that whatsoever is not read therein, nor may be proved thereby, is 
not to be required of any man, that it should be believed as an 
article of the faith, or be thought requisite or necessary to salvation. 
In the name of the Holy Scripture we do understand those Canonical 
Books of the Old and New Testament, of whose authority was never 
any doubt in the Church. 



Articles of Religion. 



[app. 



No. 1. 



Of the Names and Number of the Canonical Books. 



Genesis, 

Exodus, 

Leviticus, 

Numbers, 

Deuteronomy, 

Joshua, 

Judges, 

Ruth, 

The First Book of Samuel, 

The Second Book of Samuel, 

The First Book of Kings, 

The Second Book of Kings, 



The First Book of Chronicles, 
The Second Book of Chronicles, 
The First Book of Esdras, 
The Second Bo< k of Esdras, 
The Book of Esther, 
The Book of Job, 
The Psalms, 
The Proverbs, 
Ecclesiastes, or Preacher, 
Cantica, or Songs of Solomon, 
Four Prophets the greater, 
Twelve Prophets the less. 



And the ether Books (as Hierome saith) the Church doth read for 
example of life and instruction of manners; but yet doth it not 
apply them to establish any doctrine; such are these following: 



The Third Book of Esdras, 

The Fourth Book of Esdras, 

The Book of Tobias, 

The Book of Judith, 

The rest of the Book of Esther, 

The Book of Wisdom, 

Jesus the Son of Sirach, 



Baruch the Prophet, 

The Song of the Three Children, 

The Story of Susanna, 

Of Bel and the Dragon, 

The Prayer of IVlanasses, 

The First Book of Maccabees, 



The Second Book of Maccabees. 
All the Books of the New Testament, as they are commonly 
received, we do receive, and account them Canonical. 



VII.— Of the Old Testament. 

The Old Testament is not contrary to the New: for both in the 
Old and New Testament everlasting life is offered to Mankind by 
Christ, who is the only Mediator between God and Man, being both 
God and Man. Wherefore thev are not to be heard, which feign 
that the old fathers did look only for transitory promises. Although 
the Law given from God by Moses, as touching Ceremonies and Rites, 
do not bind Christian n en, nor the civil precepts thereof ought of 
necessity to be received in any Commonwealth ; yet notwithstanding, 
no Christian man whatsoever is free from the obedience of the 
Command ments which are called Moral. 



VIII.— Of the Three Creeds. 

The three creeds, Nicene Creed, Athanasius's Creed, and that 
which is commonly called the Apostles' Creed, ought thoroughly to 
be received and believed : for they may be proved by most certain 
warrants of Holy Scripture. 



a p p . ] A r tides of Religion . 

IX.— Of Original or Birth-Sin. 
Original Sin standeth not in the following of Adam (as the 
Pelagians do vainly talk;) but it is the fault and corruption of the 
nature of every man, that naturally is ingeudered of the offspring of 
Adam, whereby man is very far gone from original righteousness, 
and is of his own own nature inclined to evil, so that the flesh 
lusteth always contrary to the spirit; and therefore in every person 
born into this world, it deserveth God's wrath and damnation. And 
this infection of nature doth remain; yea, in them that are regene- 
rated ; whereby the lust of the flesh, called in the Greek, <&povr][ia 
cap/coe, which some do expound the wisdom, some sensuality, 
•ome the affection, some the desire of the flesh, is not subject to the 
law of God. And although there is no condemnation for them 
that believe and are baptized, yet the Apostle doth confess, that 
concupiscence and lust hath of itself the nature of sin. 



X.—Of Free- Will. 

The condition of man after the fall of Adam, is such, that he 
cannot turn and prepare himself by his own natural strength and 
good works, to faith, and calling upon God: Wherefore we have no 
power to do good works pleasant and acceptable to God without the 
grace of God by Christ preventing us, that we may have a good will, 
and working with us, when we have that good will 



XI. — Of the Justification of Man. 
We are accounted righteous before God, only for the merit of our 
Lord and Saviour Jesus Christ by faith, and not for our own works 
or deservings. Wherefore, that we are justified by faith only, is 
a most wholesome doctrine, and very full of comfort, as more largely 
is expressed in the homily of justification. 



XII.— Of Good Works. 

Albeit that good works, which are the fruits of faith, and 
follow after justification, cannot put away our sins, and endure the 
severitv of God's judgement, yet are they pleasing and acceptable to 
God in Christ, and do spring out necessarily of a true and lively 
faith, insomuch that by them a lively faith may be as evidently 
known, as a tree discerned by the fruit. 

XIII. — Of Works before Justification. 

Works done before the grace of Christ, and the inspiration of 
his Spirit, are net pleasant to God, forasmuch as they spring not of 
faith in Jesus Christ, neither do they make men meet to recei\e 
grace, (or as the school-authors say) deserve grace of congruity : 
yea, rather for that they are not done as God hath willed and 



No. 



Articles of Religion. [a pp. 

No. i. • commanded them to be done, we doubt not but they have the nature 
of sin. 



XIV. — Of Works of Supererogation. 
Voluntary works besides, over and above, God's command- 
ments, which they call Works of Supererogation, cannot be taught 
without arrogancy and impiety. For by them men do declare, that 
they do not only render unto God as much as they are bound to do, 
but that they do more for his sake, than of bounden duty is required : 
Whereas Christ saith plainly, when ye have done all that are com- 
manded to you, say, We are unprofitable servants. 

XV. — Of Christ alone without Sin. 
Christ in the truth of our nature, was made like unto us in all 
things, sin only except, from which he was clearly void, both in his 
flesh, and in his spirit. He came to be the Lamb without spot, who, 
by sacrifice of himself once made, should take away the sins of the 
world : and sin, as Saint John saith, was not in him. But all we the 
rest, although baptized and born again in Christ, yet offend in many 
things, and if we say, we have no sin, we deceive ourselves, and the 
truth is not in us. 



XVI.— Of Sin after Baptism. 

Not every deadly sin, willingly committed after Baptism, is sir* 
against the Holy Ghost, and unpardonable. Wherefore the grant 
of repentance is not to be denied to such as fall into sin after Baptism. 
After we have received the Holy Ghost, we may depart from grace 
given, and fall into sin, and by the grace of God we may arise again^ 
and amend our lives. And therefore they are to be condemned, 
which say, thay can no more sin as long as they live here, or deny 
the place of forgiveness to such as truly repent. 

XVII. — Of Predestination and Election. 

Predestination to life is the everlasting purpose of God, where- 
by (before the foundations of the world were laid) he hath constantly 
decreed by his counsel secret to us, to deliver from curse and dam- 
nation those whom he hath chosen in Christ out of mankind, and to 
bring them by Christ to everlasting salvation, as vessels made to 
honour. Wherefore they which be endued with so excellent a benefit 
of God, be called according to God's purpose by his Spirit working 
in due season : they through grace obey the calling : they be justified 
freely : they be made sons of God by adoption : they be made like 
the image of his only-begotten Son Jesus Christ : they walk reli- 
giously in good works, and at length, by God's mercy, they attain 
to everlasting felicity. 

As the godly consideration of Predestination, and our Election m 



app.] , Articles of Religion. 

Christ is full of sweet, _pleasant and unspeakable comfort to godly No. j # 
persons, and such as feel in themselves the working of the Spirit of 
Christ, mortifying the works of the flesh, and their earthly members, 
and drawing up their mind to high and heavenly things, as well 
because it doth greatly establish and confirm their faith of eternal 
salvation, to be enjoyed through Christ, as because it doth fervently 
kindle their love towards God : so, for curious and carnal persons, 
lacking the Spirit of Christ, to have continually before their eyes the 
sentence of God's Predestination, is a most dangerous downfal, 
whereby the Devil doth thrust them either into desperation, or into 
wretchlessness of most unclean living, no less perilous than des- 
peration. 

Furthermore, we must receive God's promises in such wise, as they 
be generally set forth to us in Holy Scripture: And in our doings, 
that will of God is to be followed, which we have expressly declared 
unto us in the Word of God. 



XVIII. — Of obtaining eternal Salvation only by the Name 

of Christ, 
They also are to be had accursed, that presume to say, that every 
man shall be saved by the Law or Sect which he professeth, so that 
lie be diligent to frame his life according to that Law, and the light of 
nature. For Holy Scripture doth set out unto us only the name of 
Jesus Christ, whereby men must be saved. 

XIX.— Of the Church. 

The visible Church of Christ is a congregation of faithful men, in 
the which the pure Word of God is preached, and the Sacraments be 
duly ministered according to Christ's Ordinance, in all those things 
that of necessity are requisite to the same. 

As the Church of Jerusalem, Alexandria, and Antioch, have erred; 
so also the Church of Rome hath erred, not only in their living and 
manner of Ceremonies, but also in matters of Faith. 



XX.— Of the Authority of the Church, 
The Church hath power to decree Rites or Ceremonies, and 
authority in controversies of Faith : And yet it is not lawful for the 
Church to ordain any thing that is contrary to God's Word written, 
neither may it so expound one place of Scripture, that it be repug- 
nant to another. Wherefore, although the Church be a witness and 
a keeper of Holy Writ, yet as it ought not to decree any thing 
against the same, so besides the same ought it not to enforce any 
thing to be believed for necessity of salvation. 




Articles of Religion. [apf. 

XXI. — Of the Authority of General Councils. 

General Councils may not be gathered together without the 
commandment and will of Princes. And when they be gathered 
together (forasmuch as they be an assembly of men, whereof all be 
not governed with the Spirit and Word of God) they may err, and 
sometimes have erred, even in things pertaining unto God. Where- 
fore things ordained by them as necessary to Salvation, have neither 
strength nor authority, unless it may be declared that they be taken 
out of Holy Scripture. 

XXII.— Of Purgatory. 

The Romish Doctrine concerning Purgatory, Pardons, worshipping 
and Adoration, as well of Images as of Reliques, and also invocation 
of Saints, is a fond thing vainly invented, and grounded upon no 
warranty of Scripture, but rather repugnant to the Word of God. 

XXIII. — Of ministering in the Congregation. 

It is not lawful for any man to take upon him the office of publick 
preaching, or ministering the Sacraments in the congregation, before 
he be lawfully called and sent to execute the same. And those wa 
ought to judge lawfully called and sent, which Le chosen and called 
to this work by men who have publick authority given unto them in 
the congregation, to call and send Ministers iutu the Lord's vineyard. 

XXIV. — Of speaking in the Congregation in such a 
Tongue as the People understandeth. 
It is a thing plainly repugnant to the Word of God, and the 
custom of the Primitive Church, to have publick Prayer in the 
Church, or to minister the Sacraments in a Tongue not uudersianded 
of the people. 

XXV. — Of the Sacraments. 

Sacraments ordained of Christ be not only badges or tokens of 
Christian men's profession : but rather they be certain sure witnesses, 
and effectual signs of grace, and God's good-will towards us, by the 
which he doth work invisibly in us, and doth not only quicken, but 
also strengthen and confirm our Faith in him. 

There are two Sacraments ordained of Christ our Lord in the Gos- 
pel, that is to say, Baptism, and the Supper of the Lord. 

Those five commonly called Sacraments, that is to say, Confirma- 
tion, Penance, Orders, Matrimony, and Extreme Unction, are not to 
be counted for Sacraments of the Gospel, being such as have grown, 
partly of the corrupt following of the Apostles, partly are states of 
life allowed in the Scriptures; but yet have not like nature of 
Sacraments with Baptism, and the Lord's Supper, for that they have 
not any visible sign or ceremony ordained of God. 



app.] Articles of Religion. 

The Sacraments were not ordained of Christ to be gazed upon, or No. l. 
to be carried about; but that we should duly use them. And in ^~^<~^ 
such only, as worthily receive the same, they have a wholesome 
effect or operation : but they that receive them unworthily, purchase 
to themselves damnation, as Saint Paul saith. 



XXVI. — Of the Unworthtness of the Ministers, which 
hinders not the effect of the Sacrament. 

Although in the visible Church the evil be ever mingled with 
the good, and sometimes the evil have chief authority in the minis- 
tration of the Word and Sacraments, yet forasmuch as they do not 
the same in their own name, but in Christ's, and do minister by his 
commission and authority, we may use their Ministry, both in hearing 
the Word of God, and in receiving of the Sacraments. Neither is 
the effect of Christ's ordinance taken away by their wickedness, nor 
the grace of God's gifts diminished from such, as by faith and 
rightly do receive the Sacraments ministered unto them ; which be 
effectual, because of Christ's institution and promise, although they 
be ministered by evil men. 

Nevertheless, it appertaineth to the discipline of the Church, that 
enquiry be made of evil Ministers, and that they be accused by those 
that have knowledge of their offences : and finally being found guilty* 
by just judgment be deposed. 

XXVII.— Of Baptism. 

Baptism is not only a sign of profession, and mark of dif- 
ference whereby Christian men are discerned from others that 
be not christened : but it is also a sign of Regeneration or new 
Birth, whereby, as by an instrument, they that receive Baptism 
rightly are grafted into the Church: the promises of forgiveness of sin, 
and of our adoption to be the sons of God by the Holy Ghost, are 
visibly signed and sealed : faith is confirmed, and grace increased 
by virtue of prayer unto God. The Baptism of young Children is in 
any wise to be retained in the Church, as most agreeable with the 
institution of Christ. 



XXVIIL— Of the Lord's Supper. 

The Supper of the Lord is not only a sign of the love that 
Christians ought to have among themselves one to another; but 
rather is a Sacrament of our redemption by Christ's death ; insomuch 
that to such as rightly, worthily, and with faith, receive the same, the 
bread which we break, is a partaking of the body of Christ : and 
likewise the cup of blessing is a partaking of the blood of Christ. 

Transubstantiation (or the change of the substance of bread and 
wine) in the Supper of the Lord, cannot be proved by holy Writ ; 
but is repugnant to the plain words of Scripture, overthroweth the 

c 



10 Articles of Religion. [app. 

No. l. nature of a Sacrament, and hath given occasion to many super- 
stitious. 

The body of Christ is given, taken, and eaten in the Supper, only 
after an heavenly and spiritual manner. And the mean whereby the 
body of Christ is received and eaten in the Supper, is Faith. 

The Sacrament of the Lord's Supper was not by Christ's ordinance 
reserved, carried about, lifted up, or worshipped. 

XXIX.— Of the Wicked, which eat not the Body of 
Christ, in the use of the Lord's Supper, 

The wicked, and such as be void of a lively faith, although they 
do carnally and visibly press with their teeth (as Saint Augustine 
saith) the Sacrament of the body and blood of Christ : yet in no wise 
are they partakers of Christ: but rather, to their condemnation, do 
eat and drink the sign or Sacrament of so great a thing. 

XXX.— Of both kinds. 

The Cup of the Lord is not to be denied to the Lay-people: for 
both the parts of the Lord's Sacrament, by Christ's ordinance and 
commandment, ought to be ministered to all Christian men alike. 

XXXI. — Of the one Oblation of Christ finished upon 

the Cross. 
The Offering of Christ once made, is that perfect Redemption, 
Propitiation, and Satisfaction for all the sins of the whole world, both 
original and actual; and there is none other satisfaction for sin, but 
that alone. Wherefore the sacrifice of Masses, in the which it was 
commonly said, that the Priest did offer Christ for the quick and the 
dead, to have remission of pain or guilt, were blasphemous fables, and 
dangerous deceits. 

XXXIL— Of the Marriage of Priests. 

Bishops, Priests, and Deacons, are not commanded by God's Law, 
either to vow the estate of single life, or to abstain from Marriage : 
therefore it is lawful for them, as for all other Christian men, to 
marry at their own discretion, as they shall judge the same to serve 
better to godliness. 

XXXIII. — Of excommunicate Persons, how they are to 

be avoided. 

That Person which by open denunciation of the Church, is rightly 
cut off from the unity of the Church, and excommunicated, ought to 
be taken of the whole multitude of the faithful, as an Heathen and 
Publican, until he be openly reconciled by penance, and received into 
the Church by a Judge that hath authority thereunto. 



a l»p . ] A rticles of Religion . 1 1 

XXXIV.— Of the Traditions of the Church. No. i. 

It is not necessary that Traditions and Ceremonies be in all places 
one, and utterly like; for at all times they have been divers, and may 
be changed according to the diversities of countries, times, and men's 
manners, so that nothing be ordained against God's word. Whoso- 
ever through his private judgement, willingly and purposely doth 
openly break the traditions and ceremonies of the Church, which 
be not repugnant to the Word of God, and be ordained and approved 
by common authority, ought to be rebuked openly (that others may 
fear to do the like) as he that offendeth against the common order 
of the Church, and hurteth the authority of the Magistrate, and 
woundeth the consciences of the weak brethren. 

Every particular or national Church hath authority to ordain, 
change, and abolish, ceremonies or rites of the Church, ordained only 
by man's authority, so that all things be done to edifying. 

XXXV ".— 0/ the Homilies. 

The second Book of Homilies, the several titles whereof we have 
joined under this Article, doth contain a godly and wholesome doc- 
trine, and necessary for these times, as doth the former Book of 
Homilies, which were set forth in the time of Edward the Sixth; 
and therefore we judge them to be read in Churches by the ministers, 
diligently and distinctly, that they may be nnderstanded of the 
People. 

Of the Names of the Homilies. 

1 Of the right Use of the Church. 10 Of the reverend estimation of 

2 Against peril of Idolatry. God's Word. 

3 Of repairing and keeping clean 11 Of Alms-doing. 

of Churches. 12 Of the Nativity of Christ. 

4 Of good Works: first of Fast- 13 Of the Passion of Christ. 

ing. 14 Of the Resurrection of Christ. 

5 Against Gluttony and Drunk- 15 Of the worthy receiving of the 

enness. Sacrament of the Body and 

6 Against Excess of Apparel. Blood of Christ. 

7 Of Prayer. 16 Of the Gifts of the Holy Ghost. 

8 Of the Place and Time of 17 For the Rogation-days. 

Prayer. 18 Of the state of Matrimony. 

9 That Common Prayers and Sa- 19 Of Repentance. 

craments ought to be minis- 20 Against Idleness, 
tered in a known tongue. 21 Against Rebellion. 

XXXVI. — Of Consecration of Bishops and Ministers. 

The Book of Consecration of Archbishops and Bishops, and Order- 
ing of Priests and Deacons, lately set forth in the time of Edward the 
Sixth, and confirmed at the same time by authority of Parliament* 
doth contain all things necessary to such Consecration and Ordering fc 




Articles of Religion, [a pp. 

neither hath it any thing, that of itself is superstitious and ungodly. 
And therefore whosoever are consecrated or ordered according to the 
Rites of that Book, since the second year of the forenaraed King 
Edward unto this time, or hereafter shall be consecrated or ordered 
according to the same Rites ; we decree all such to be rightly, orderly, 
and lawfully consecrated and ordered. 



XXXVIL— Of the Civil Magistrates. 

The King's Majesty hath the chief power in this Realm of England, 

and other his Dominions, unto whom the chief Government of all 

, Estates of this Realm, whether they be Ecclesiastical or Civil, in all 

causes doth appertain, and is not, nor ought to be, subject to any 

foreign Jurisdiction. 

Where we attribute to the King's Majesty the chief government, by 
which Titles we understand the minds of some slanderous folks to be 
offended ; we give not to our Princes the ministering either of God's 
Word, or of the Sacraments, the which thing the Injunctions also 
lately set forth by Elizabeth our Queen do most plainly testify ; but 
that only prerogative, which we see to have been given always to all 
godly Princes in holy Scriptures by God himself; that is, that they 
should rule all states and degrees committed to their charge by God, 
whether they be Ecclesiastical or Temporal, and restrain with the 
civil sword the stubborn and evil-doers. 

The Bishop of Rome hath no jurisdiction in this Realm of England. 

The Laws of the Realm may punish Christian men with death, for 
heinous and grievous offences. 

It is lawful for Christian men, at the commandment of the Magis- 
trate, to wear weapons, and serve in the wars. 

XXXVIII. — Of Christian mens Goods, which are not 

common. 
The Riches and Goods of Christians are not common, as touching 
the right, title, and possession of the same, as certain Anabaptists do 
falsely boast. Notwithstanding, every man ought, of such things as 
he possesseth, liberally to give alms to the poor, according to his 
ability. 

XXXIX.— Of a Christian mans Oath. 

As we confess that vain and rash Swearing is forbidden Christian 
men by our Lord Jesus Christ, and James his Apostle, so we judge, 
that Christian Religion doth not prohibit, but that a man may 
swear when the Magistrate requireth, in a cause of faith and charity, 
so it be done acording to the Prophet's teaching, in justice, judge- 
ment, and truth. 



APP.] 



Articles of Religion. 



13 



The Ratification. 
This Book of Articles before rehearsed, is again approved, and 
allowed to be holden and executed within the Realm, by the assent 
and consent of our Sovereign Lady Elizabeth, by the grace of God, 
of England, France, and Ireland, Queen, Defender of the Faith, &c. 
Which Articles were deliberately read, and: confirmed again by ths 
subscription of the hands of the Archbishops and Bishops of the 
Upper-house, and by the subscription of the whole Clergy of the 
Nether-house in their Convocation, in the Year of our Lord 1571. 



No. 1. 



A TABLE OF THE ARTICLES 



1. Of Faith in the Holy Trinity. 

2. Of Christ the Son of God. 

3. Of his going down into Hell. 

4. Of his Resurrection. 

5. Of the Holy Ghost. 

6. Of the Sufficiency of the 

Scriptures. 

7. Of the Old Testament. 

8. Of the Three Creeds. 

9. Of Original or Birth-sin. 

10. Of Free- Will 

11. Of Justification. 

12. Of Good Works. 

13. Of Works before Justification, 

14. Of Works of Supererogation. 

15. Of Christ alone without Sin. 

16. Of Sin after Baptism. 

17. Of Predestination and Elec- 

tion. 

18. Of obtaining Salvation by 

Christ. 

19. Of the Church. 

20. Of the Authority of the 

Church. 

21. Of the Authority of General 

Councils. 



22. Of Purgatory, 

23. Of Ministering in the Congre- 

gation. 

24. Of speaking in the Congre- 

gation. 

25. Of the Sacraments. 

26. Of the Unwcrthiness of Mi- 

nisters. 

27. Of Baptism. 

28. Of the Lord's Supper, 

29. Of the Wicked which eatiiot 

the Body of Christ. 

30. Of both kinds. 

31. Of Christ' s one Oblation. 

32. Of the Marriage of Priests, 

33. Of excommunicate Persons. 

34. Of the Traditions of the 

Church. 

35. Of the Homilies. 

36. Of Consecrating of Minis- 

ters. 

37. Of Civil Magistrates. 

38. Of Christian mens Goods. 

39. Of a Christian man's Oath. 

The Ratification. 



14 Constitutions and Canons Ecclesiastical. [a pp. 



cartel CONSTITUTIONS AND CANONS 

cogitations. ECCLESIASTICAL, 

Treated upon by the Bishop of London, President 
of the Convocation for the Province of Canterbury, 
and the rest of the Bishops and Clergy of the said 
Province ; and agreed upon with the King's Majesty's 
Licence, in their Synod begun at London, Anno 
Dom. 1603, and in the Year of the Reign of our 
Sovereign Lord James, by the Grace of God, King 
of England, France, and Ireland, the First, and of 
Scotland the Thirty-seventh : And now published 
for the due Observation of them, by his Majesty's 
Authority under the Great Seal of England. 

JAMES, by the Grace of God, King of England, Scotland, France, 
and Ireland, Defender of the Faith, &c. to all to whom these 
Presents shall come, greeting : Whereas Our Bishops, Deans of Our 
Cathedral Churches, Archdeacons, Chapters, and Colleges, and the 
other Clergy of every Diocese within the Province of Canterbury, 
being summoned and called by virtue of Our Writ directed to the 
Most Reverend Father in God, John late Archbishop of Canterbury, 
and bearing date the One and thirtieth day of January, in the First 
Year of Our Reign of England, France, and Ireland, and of Scotland 
the Thirty-seventh, to have appeared before him in Our Cathedral 
Church of St Paul in London, the Twentieth day of March then next 
ensuing, or elsewhere, as he should have thought it most convenient, 
to treat, consent, and conclude upon certain difficult and urgent 
Affairs mentioned in the said Writ; did thereupon, at the time 
appointed, and within the Cathedral Church of St. Paul aforesaid, 
assemble themselves, and appear in Convocation for that Purpose, 
according to Our said Writ, before the Right Reverend Father in 
God Richard Bishop of London, duly (upon a second Writ of Our's 
dated the Ninth day of March aforesaid) authorized, appointed, and 
constituted, by reason of the said Archbishop of Canterbury his Death, 
President of the said Convocation, to execute those things, which 
by virtue of Our first Writ, did appertain to him the said Archbishop 
to have executed, if he had lived : We, for divers urgent and weighty 
Causes and Considerations Us thereunto specially moving, of Our 
especial Grace, certain Knowledge, and meer Motion, did, by virtue 



app.] tynsfitidions and Canons Ecclesiastical. 15 

of our Prerogative Royal, and supreme Authority in Causes Eccle- No. 2. 
siastical, give and grant by our several Letters Patent under Our ^l^l^s. 
Great Seal of England, the one dated the Twelfth day of April last 
past, and the other the Twenty fifth day of June then next following, 
full, free, and lawful Liberty, License, Power, and Authority, unto the 
said Bishop of London, President of the said Convocation, and to the 
other Bishops, Deans, Archdeacons, Chapters, and Colleges, and the 
rest of the Clergy before mentioned, of the said Province, that they, 
from time to time, during Our first Parliament now prorogued, might 
confer, treat, debate, consider, consult, and agree of and upon such 
Canons, Orders, Ordinances, and Constitutions, as they should think 
necessary, fit, and convenient, for the Honour and Service of Almighty 
God, the good and the quiet of the Church, and the better Government 
thereof, to be from time to time observed, performed, fulfilled, and 
kept, as well by the Archbishop of Canterbury, the Bishops, and their 
Successors, and the rest of the whole Clergy of the said Province of 
Canterbury, in their several Callings, Offices, Functions, Ministries, 
Decrees, and Administrations; as also by all and every Dean of the 
Arches, and other Judge of the said Archbishop's Courts, Guardians 
of Spiritualities, Chancellors, Deans and Chapters, Archdeacons, 
Commissaries, Officials, Registers, and all and every other Ecclesi- 
astical Officers, and their inferior Ministers, whatsoever, of the same 
Province of Canterbury, in their and every of their distinct Courts, and 
in the order and manner of their and every of their Proceedings; and 
by all other Persons within this Realm, as far as lawfully, being 
members of the Church, it may concern them, as in our said Letters 
Patents, among other clauses more at large doth appear. Forasmuch 
as the Bishop of London, President of the said Convocation, and 
others, the said Bishops, Deans, Archdeacons, Chapters, and Colleges, 
with the rest of the Clergy, having met together at the time and 
place before mentioned, and then and there, by virtue of Our said 
Authority granted unto them, treated of, concluded, and agreed upon, 
certain Canons, Orders, Ordinances, and Constitutions, to the end and 
purpose by Us limited and prescribed unto them ; and have thereupon 
offered and presented the same unto Us, most humbly desiring Us to 
give our Royal Assent unto their said Canons, Orders, Ordinances, and 
Constitutions, according to the form of a certain Statute or Act of 
Parliament, made in that behalf in the Twenty -fifth year of the Reign 
of King Henry the Eighth, and by our said Prerogative Royal and 
supreme Authority in Causes Ecclesiastical, to ratify by our Letters 
Patents under our Great Seal of England, and to confirm the same ; 
the Title and Tenor of them being word for word as eusueth : 



16 , Constitutions and Canons Ecclesiastical. [app. 

ca?oM 2 a "nd Constitutions and Canons Ecclesiastical of the Church 

Consiitntions. of England, 



I.— The King's Supremacy over the Church of England, 
in Causes Ecclesiastical, to be maintained 
AS our duty to the King's most excellent Majesty required, we first 
decree and ordain, that the Archbishop of Canterbury (from time to 
time), all Bishops of this Province, all Deans, Archdeacons, Parsons, 
Vicars, and all other Ecclesiastical Persons, shall faithfully keep and 
observe, and (as much as in them laeth) shall cause to be observed and 
kept of others, all and singular Laws and Statutes, made for restoring 
to the Crown of this Kingdom the ancient Jurisdiction over the State 
Ecclesiastical, and abolishing of all foreign Power repugnant to the 
same. Furthermore, all Ecclesiastical Persons having Cure of souls, 
and all other Preachers, and Readers of Divinity Lectures, shall, to 
the uttermost of their wit, knowledge, and learning, purely and 
sincerely, without any Colour or Dissimulation, teach, manifest, 
open, and declare, four times every year, at the least in their Sermons, 
and other Collations and Lectures, that all usurped and foreign 
Power (forasmuch as the same hath no establishment fior ground by 
the Law of God) is for most just causes taken away and abolished: 
and that therefore no manner of Obedience, or Subjection, within His 
Majesty's Realms and Dominions, is due unto any such foreign 
Power, but that the King's Power, within his Realms of England, 
Scotland, and Ireland, and all other his Dominions and Countries, is 
the highest Power under God ; to whom all Men, as well inhabitants 
as born within the same, do by God's Laws owe most Loyalty and 
Obedience, afore and above all other Powers and Potentates in the 
Earth. 



2. — Impugners of the King's Supremacy censured. 

Whosoever shall hereafter affirm, That the King's Majesty hath 
not the same Authority in causes Ecclesiastical, that the godly Kings 
had amongst the Jews and Christian Emperors of the primitive 
Church ; or impeach any Part of his Regal Supremacy in the said 
Causes restored to the Crown, and by the Laws of this Realm therein 
established ; let him be excommunicated ipso facto, and not restored, 
but only by the Archbishop, after his Repentance and publick. 
Revocation of those his wicked Errors. 



3.— The Church of England, a True and Apostolical 

Church. 
Whosoever shall hereafter affirm, That the Church of England, 
by Law established under the King's Majesty, is not a true and 



app.] Constitutions and Cano?is Ecclesiastical. 17 

Apostolical Church, teaching and maintaining the Doctrine of the No. 2. 
Apostles; let him be excommunicated ipso facto, and not restored, Constitutions, 
but only by the Archbishop, after his Repentance, and publick 
Revocation of this his wicked Error. 



4. — Impugners of the publick Worship of God established 
in the Church of England, censured. 
Whosoever shall hereafter affirm, That the Form of God's 
Worship in the Church of England, established by law, and contained 
in the Book of Common Prayer and Administration of Sacraments, is 
a corrupt, superstitious, or unlawful Worship of God, or containeth 
any thing in it that is repugnant to the Scriptures ; let him be excom- 
municated ipso facto, and not restored, but by the Bishop of the 
place, or Archbishop, after his Repentance, and publick Revocation of 
such his wicked Errors. 



5. — Impugners of the Articles of Religion established in 
the Church of England, censured. 

Whosoever shall hereafter affirm, That any of the nine and thirty 
Articles agreed upon by the Archbishops and Bishops of both Pro- 
vinces, and the whole Clergy, in the Convocation holden at London, in 
the Year of our Lord God one thousand ftve hundred and sixty-two, for 
avoiding Diversities of Opinions, and for the establishing of Consent 
touching true Religion, are in any part superstitious or erroneous, or 
such as he may not with a good conscience subscribe unto ; let him 
be excommunicated ipso facto, and not restored, but only by the 
Archbishop, after his Repentance, and publick Revocation of such his 
wicked Errors. 



6. — Impugners of the Rites and Ceremonies established in 
the Church of England, censured. 

Whosoever shall hereafter affirm, That the Rites and Ceremonies 
of the Church of England by Law established, are wicked, antichris- 
tian, or superstitious, or such as being commanded by lawful 
authority, men who are zealously and godly affected, may not with any 
good conscience approve them, use them, or as occasion requireth, 
subscribe unto them; let him be excommunicated ipso facto, and not 
restored, until he repent, and publickly revoke such his wicked 
Errors. 



7. — Impugners of the Government of the Church of 

England by Archbishops, Bishops, Sec. censured. 

Whosoever shall hereafter affirm, That the Government of the 

Church of England, under His Majesty, by Archbishops, Bishops, 

Deans, Archdeacons, and the rest that bear office in the same, is 

antichristian and repugnant to the Word of God ; let him be excora- 

d 



18 Constitutions and Canons Ecclesiastical. [a pp. 

No. 2. municated ipso facto, and so continued, until he repent, and publickly 
Constitutions, revoke such his wicked Errors. 



8. — Tmpugners of the Form of consecrating and ordering 
Archbishops, Bishops, &c. in the Church of England, 
censured. 

Whosoever shall hereafter affirm or teach, That the Form and 
Manner of making and consecrating Bishops, Priests, and Deacons, 
containeth any thing in it that is repugnant to the Word of God; or 
that they who are made Bishops, Priests, or Deacons, in that form, 
are not lawfully made nor ought to accounted, either by themselves 
or others, to be truly either Bishops. Priests, or Deacons, until they 
have some other calling to those Divine Offices ; let him be excom- 
municated ipso facto, not to be restored, until he repent, and 
publickly revoke such his wicked Errors. 



9. — Authors of Schism in the Church of England, 
censured. 
Whosoever shall hereafter separate themselves from the Com- 
munion of Saints, as it is approved by the Apostles' Rules, in the 
Church of England, and combine themselves together in a new 
Brotherhood, accounting the Christians, who are conformable to the 
Doctrine, Government, Rites, and Ceremonies of the Church of 
England, to be profane, and unmeet for them to join with in 
Christian profession ; let them be excommunicated ipso facto, and 
not restored but by the Archbishop, after their Repentance, and 
publick Revocation of such their wicked Errors. 

10. — Mainta'mers of the Schismaticks in the Church of 
England, censured. 
Whosoever shall hereafter affirm, That such Ministers, as refuse 
to subscribe to the form and manner of God's Worship in the Church 
of England, prescribed in the Communion-book, and their Adherents, 
may truly take unto them the name of another Church, not established 
by Law, and daTe presume to publish it, That this their pretended 
Church hath of long time groaned under the burden of certain 
grievances imposed upon it, and upon the members thereof before 
mentioned, by the Church of England, and the Orders and Consti- 
tutions therein by Law established ; let them be excommunicated, and 
not restored, until they repent, and publickly revoke such their 
wicked Errors. 



1 1 .- — Maintainers of Conventicles, censured. 

Whosoever shall hereafter affirm or maintain, That there are 
within this Realm other Meetings, Assemblies, or Congregations of 
the Kings born Subjects, than such as by the Laws of this land are 



a pp.] Constitutions and Canons Ecclesiastical. 19 

held and allowed, which may rightly challenge to themselves the No. 2. 
name of true and lawful Churches; let him be excommunicated, c^""^^ 
and not restored, but by the Archbishop, after his Repentance, and 
public Revocation of such his wicked Errors. 



12. — Maintainers of Constitutions made in Conventicles, 

censured. 
Whosoever shall hereafter affirm, That it is lawful for any sort of 
Ministers, and Lay Persons, or of either of them, to join together, 
and make rules, orders, or constitutions in Causes Ecclesiastical, 
without the King's Authority, and shall submit themselves to be 
ruled and governed by them; let them be excommunicated ipso facto, 
and not be restored, until they repent, and publickly revoke those 
their wicked and Anabaptistical Errors. 



Of Divine Service, and Administration of the 

Sacraments. 

13. — Due Celebratio?i of Sundays and Holy -days. 

All manner of Persons within the Church of England shall from 
henceforth celebrate and keep the Lord's Day, commonly called 
Sunday, and other Holy-days, according to God's holy will and 
pleasure, and the Orders of the Church of England prescribed in 
that behalf; that is, in hearing the Word of God read and taught ; 
in private and publick Prayers: in acknowledging their offences to 
God, and amendment of the same; in reconciling themselves chari- 
tably to their neighbours, where displeasure hath been ; in oftentimes 
receiving the Communion of the Body and Blood of Christ : in 
visiting of the Poor, and Sick; using all godly and sober conver- 
sation. 

14. — The prescript Form of Divine Service to be used on 
Sundays and Holy -days. 

The Common Prayer shall be said or sung distinctly and rever- 
ently upon such days as are appointed to be kept holy by the Book 
of Common Prayer, and their Eves, and at convenient and usual 
times of those days, and in such place of every Church, as the 
Bishop of the Diocese or Ecclesiastical Ordinary of the place shall 
think meet, for the largeness or straitness of the same, so as the 
People may be most edified. All Ministers likewise shall observe the 
Orders, Rites, and Ceremonies prescribed in the Book of Common 
Prayer, as well in reading the Holy Scriptures, and saying of Prayers, 
as in administration of the Sacraments, without either diminishing in 
regard of preaching, or in any other respect, or adding any thing in 
the matter or form thereof. 



20 Constitutions and Canons Ecclesiastical. [at?. 

No. t. 15. — The Litany to be read on Wednesdays and Fridays. 

Canons and '■ - % . . - J 

Constitutions. 1 he Litany shall be said or sung when, and as it is set down in 

the Book of Common Prayer, by the Parsons, Vicars, Ministers, or 
Curates, in all Cathedral, Collegiate, Parish Churches, and Chapels, 
in some convenient Place, according to the discretion of the Bishop 
of the Diocese or Ecclesiastical Ordinary of the place. And that we 
may speak more particularly, upon Wednesdays and Fridays weekly, 
though they be not Holy-days, the minister, at the accustomed hour 
of service shall resort to the Church or Chapel, and warning being 
given to the People by tolling of a Bell, shall say the Litany pre- 
scribed in the Book of Common Prayer : whereunto we wish every 
householder dwelling within half a mile of the Church, to come, or 
send one at the least of his household, fit to join with the Minister in 
Prayers. 

16. — Colleges to use the prescript Form of Divine Service. 

In the whole Divine Service, and Administration of the holy Com- 
munion in all Colleges and Halls in both Universities, the Order, 
Form, and Ceremonies shall be duly observed, as they are set down 
aud prescribed in the Book of Common Prayer, without any omis- 
sion or alteration. 



17. — Students in Colleges to wear Surplices in time of 

Divine Service. 
All Masters and Fellows of Colleges or Halls, and all the Scholars 
and Students in either of the Universities, shall, in their Churches and 
Chapels, upon all Sundays, Holy-days, and their Eves, at the time of 
Divine Service, wear Surplices according to the Order of the Church 
of England; and such as are Graduates, shall agreeably wear with their 
Surplices such Hoods, as do severally appertain unto their degrees. 

18. — A Reverence and Attention to be used within the 

Church in time of Divine Service. 
In the time of Divine Service, and of every part thereof, all due 
reverence is to be used, for it is according to the Apostle's rule, Let 
all things be done decently and according to order : answerably to 
which decency and order we judge these our directions following \ 
No man shall cover his head in the Church or Chapel, in the time of 
Divine Service, except he have some infirmity ; in which case let him 
wear a night-cap or coif. All manner of persons then present shall 
reverently kneel upon their knees, when the general Confession, 
Litany, and other Prayers are read : and shall stand up at the saying 
of the Belief, according to the rules in that behalf prescribed in the 
Book of Common Prayer : and likewise when in time of Divine 
Service the Lord Jesus shall be mentioned, due and lowly rever- 
ence shall be done by all persons present, as it hath been 



a pp.] Constitutions and Canons Ecclesiastical. 21 

accustomed; testif ing bv these outward ceremonies and gestures. No. 2. 
their inward humility, Christian resolution, and due acknowledg- q^^^ 
ment, that the Lord Jesus Christ, the true eternal Son of God, is 
the only Saviour of the world, in whom alone all the mercies, 
graces, and promises of God to Mankind, for this life and the life to 
come, are fully and wholly comprised. None, either man, woman, or 
child, of what calling soever, shall be otherwise at such times busied 
in the Church, that in quiet attendance to hear, mark, and under- 
stand that which is read, preached, or ministered ; saying in their due 
places audibly with the Minister, the Confession, the Lord's Prayers, 
and the Creed ; and make such other answers to the publick Prayers, 
as are appointed in the Book of Common Prayer ; neither shall they 
disturb the Service, or Sermon, by walking, or talking, or any other 
way; nor depart out of the Church, during the time of Service, or 
Sermon, without some urgent or reasonable cause. 



19. — Loiterers not to be suffered near the Church in time 
of Divine Service. 

The Churchwardens or Questmen, and their Assistants, shall not 
suffer any idle persons to abide, either in the Church-yard, or Church- 
porch, during the time of Divine Service, or Preaching ; but sh'all 
cause them either to come in or to depart. 

20. — Bread and Wine to be provided against every 
Communion. 
The Churchwardens of every Parish, against the time of every 
Communion, shall at the charge of the Parish, with the advice and 
direction of the Minister, provide a sufficient quantity of fine white 
Bread, and of good and wholesome Wine, for the number of Commu- 
nicants that shall from time to time receive there : which Wine we 
require to be brought to the Communion Table in a clean and sweet 
standing pot or stoop of pewter ; if not of purer metal. 

21. — The Communion to be Thrice a Year received. 

In every Parish-church and Chapel, where Sacraments are to.be 
administered within this realm, the holy Communion shall be minis- 
tered by the Parson, Vicar, or Minister so often, and at such times, 
as every Parishioner may communicate at the least Thrice in the Year 
(whereof the feast of Easter to be one) according as they are appointed 
by the Book of Common Prayer. Provided, that every Minister, as 
oft as he administereth the Communion, shall first receive the Sacra- 
ment himself. Futhermore, no Bread or Wine newly brought, shall 
be used, but first the words of institution shall be rehearsed, when 
the said Bread and Wine be present upon the Communion Table. 
Likewise the Minister shall deliver both the Bread and Wine to every 
Communicant severally. 



22 Constitutions and Canons Ecclesiastical. [a pp. 

No. 2. 22. — Warning to be given beforehand for the Communion. 

Canons and ,. r , „ ..-,,■•'-•• 

ConsiiLutions. Whereas every Lay Person is bound to receive the holy Com- 
munion Thrice every Year, and many notwithstanding do not receive 
that Sacrament once in a Year; we do require every Minister 
to give warning to his Parishioners publickly in the Church at 
Morning Prayer, the Sunday before every time of his administrating 
that holy Sacrament, for their better preparation of themselves ; which 
said warning we enjoin the said Parishioners, to accept and obey, 
under the penalty and danger of the law. 

23. — Students in Colleges to receive the Communion Four 
times a Year. 

In all Colleges and Halls within both the Universities, the Masters 
and Fellows, such especially as have any Pupils, shall be careful that 
all their said Pupils, and the rest that remain amongst them, be well 
brought up, and thoroughly instructed in points of Religion, and that 
they do diligently frequent publick Service, and Sermons, and receive 
the holy Communion ; which we ordain to be administrated in all 
such Colleges and Halls the first or second Sunday of every month, 
requiring all the said Masters, Fellows and Scholars, and all the 
rest of the Students, Officers, and all other the servants there so to be 
ordered that every one of them, shall communicate four times in the 
year at the least, kneeling reverently and decently upon their knees, 
according to the order of the Communion Book prescribed in that 
behalf. 



24. — Copes to be worn in Cathedral Churches by those 
that administer the Communion. 
In all Cathedral and Collegiate Churches, the holy Communion 
shall be administrated upon principal Feast-days, sometimes by the 
Bishop, if he be present, and sometimes by the Dean, and at some- 
times by a Canon, or Prebendary, the principal Minister using a decent 
Cope, and being assisted with the Gospeller and Epistler agreeably, 
according to the advertisements published Anno 7 Eliz. The said 
Communion to be administrated at such times, and with such 
limitation, as is specified in the Book of Common Prayer. Provided, 
that no such limitation by any construction shall be allowed of, but 
that all Deans, Wardens, Masters or heads of Cathedral and Col- 
legiate Churches, Prebendaries, Canons, Vicars, Petty-Canons, 
Singing-men, and all others of the Foundation, shall receive the 
Communion four times yearly at the least. 

25. — Surplices and Hoods to be worn in Cathedral 
Churches, when there is no Communion. 
In the time of Divine Service and Prayers in all Cathedral and 
Collegiate Churches, when there is no Communion, it shall be suffi- 



app.] Constitutions and Canons Ecclesiastical. 23 

cient to wear Surplices ; saving that all Deans, Masters, and heads No. 2 
of Collegiate Churches, Canons, and Prebendaries, being Graduates, Co „ s n t ° t n u S ti osn. 
shall daily at the times both of Prayer and Preaching, wear with 
their Surplices such Hoods as are agreeable to their degrees. 

26. — Notorious Offenders not to be admitted to the 
Communion. 

No Minister shall in any wise admit to the receiving of the Holy 
Communion, any of his cure or flock, which be openly known to live 
in Sin notorious without repentance ; nor any who have maliciously 
and openly contended with their" neighbours, until they shall be 
reconciled ; nor any Churchwardens or Sidemen, who having taken 
their oaths, to present to their Ordinaries all such public offences, as 
they are particularly charged to enquire of in their severally Parishes, 
shall (notwithstanding their said oaths, and that their faithful dis- 
charging of them is the chief means whereby public Sins and Offences 
may be reformed and punished) wittingly and willingly, desperately 
and irreligiously incur the horrible crime of perjury, either in neglect- 
ing or in refusing to present such of the said enormities and publick 
offences, as they know themselves to be committed in their said 
Parishes, or are notoriously offensive to the Congregation there ; 
although they be urged by some of their Neighbours, or by their 
Minister, or by their Ordinary himself, to discharge their consciences 
by presenting of them, and not to incur so desperately the said 
horrible sin of perjury. 

27. — Schismaticks not to be admitted to the Communion. 

No Minister, when he celebrateth the Communion, shall wittingly 
administer the same to any but to such a? kneel, under pain of sus- 
pension, nor under the like pain to anjt hat refuse to be present at 
publick Prayers, according to the Orders of the Church of England; 
nor to any that are common and notorious depravers of the Book of 
Common Prayer and Administration of the Sacraments, and of the 
Orders, Rites and Ceremonies therein prescribed, or of any thing that 
is contained in any of the Articles agreed upon in the Convocation, 
one thousand five hundred sixty and two, or of any thing contained 
in the Book of ordering Priests and Bishops, or to any that have 
Spoken against and depraved his Majesty's Sovereign Authority in 
Causes Ecclesiastical ; except every such Person shall first acknow- 
ledge to the Minister before the Churchwardens, his Repentance for 
the same, and promise by word (if he cannot write) that he will do so 
no more; and except (if he can write) he shall first do the same 
under his hand-writing, to be delivered to the Minister, and by him 
sent to the Bishop of the Diocese, or Ordinary of the Place, provided, 
that every Minister so repelling any, as is specified either in this or 
in the next precedent constitution, shall, upon complaint, or being 



24 Constitutions and Canons Ecclesiastical. [app. 

No. 2. required by the Ordinary, signify the cause thereof unto him, and 

ssx&sL therein ° be ? his ° rder and *~_ 

28.— Strangers not to be admitted to the Communion. 

The Churchwardens or Questmen, and their Assistants, shall mark, 
as well as the Minister, whether all and every of the Parishioners 
come so often every Year to the holy Communion, as the Laws and 
our Constitutions do require; and whether any Stranger come often 
and commonly from other Parishes to their Church ; and shall shew 
their Minister of them, lest perhaps they be admitted to the Lord's 
Table amongst others, which they shall forbid ; and remit such home 
to their own Parish Churches and Ministers, there to receive the Com- 
munion with the rest of their own neighbours. 

29. — Fathers not to be Godfathers in Baptism, and 
Children not Communicants. 

No Parent shall be urged to be present, nor be admitted to answer 
as Godfather for his own Child ; nor any Godfather and Godmother 
shall be suffered to make any other answer or speech, than by the Book 
of Common Prayer is prescribed in that behalf: neither shall any 
person be admitted Godfather or Godmother to any Child at Christen- 
ing or Confirmation, before the said Person so undertaking hath 
received the Holy Communion. 

30. — The lawful use of the Cross in Baptism, explained. 
We are sorry that His Majesty's most princely care and pains 
taken in the conference at Hampton Court, amongst many other 
points, touching this one of the Cross in Baptism, hath taken no 
better effect with many, but that still the use of it in Baptism is so 
greatly stuck at and impugned. For the further declaration there- 
fore of the true use of this Ceremony, and for the removing of all 
such scruples, as might any ways trouble the consciences of them 
who are indeed rightly religious, following the royal steps of our 
most worthy King, because he therein followeth the rules of the 
Scriptures, and the practice of the Primitive Church; we do com- 
mend to all the true Members of the Church of England these our 
directions and observations ensuing. 

First, it is to be observed, that although the Jews and Ethnicks 
derided both the Apostles and the rest of the Christians, for preaching 
and believing in him who was crucified upon the Cross; yet all, 
both Apostles and Christians, were so far from being discouraged 
from their profession by the Ignominy of the Cross, as they rather 
rejoiced and triumphed in it. Yea, the Holy Ghost by the mouths 
of the Apostles did honour the name of the Cross (being hateful 
among the Jews) so far, that under it he comprehended not only 
Christ crucified, but the force, effects, and merits of his Death and 



Cations and 
Constitutions. 



a pp.] Constitutions and Canons Ecclesiastical. 25 

Passion, with all the comforts, fruits, and promises which we receive No. 2. 
or expect thereby. 

Secondly, the honour and dignity of the name of the Cross begat 
a reverend estimation even in the Apostles' times (for ought that is 
known to the contrary) of the sign of the Cross, which the Christians 
shortly after used in all their actions ; thereby making their outward 
shew and profession, even to the astonishment of the Jews, that 
they were not ashamed to acknowledge him for their Lord and Saviour, 
who died for them upon the Cross. And this sign they did not only 
use themselves, with a kind of glory, when they met any Jews, but 
signed therewith their Children, when they were christened, to dedi- 
cate them by that badge to his service, whose benefits bestowed 
*pon them in Baptism the name of the Cross did represent. And 
this use of the sign of the Cross in Baptism was held in the Primitive 
Church, as well by the Greeks as the Latins, with one consent and 
great applause. At what time, if any had opposed themselves 
against it, they would certainly have beeu censured as enemies 
of the name of the Cross, and consequently of Christ's merits, 
the sign whereof they could no better endure. This continual and 
general use of the sign of the Cross is evident by many testimonies 
of the ancient Fathers. 

Thirdly, it must be confessed, that in process of time the sign of 
the Cross was greatly abused in the Church of Rome, especially after 
that corruption of Popery had once possessed it. But the abuse of a 
thing doth not take away the lawful use of it. Nay, so far was it 
from the purpose of the Church of England, to fcrsake and reject 
the Churches of Italy, France, Spain, Germany, or any such like 
Churches, in all things which they held and practised, that, as the 
apology of the Church of England confesseth, it doth with reverence 
retain those ceremonies, which do neither endamage the Church of 
God, nor offend the minds of sober men ; and only departed from 
them in those particular points wherein they were fallen both from 
themselves in their ancient integrity, and from the Apostolical 
Churches which were their first Founders. In which respect, amongst 
some other very ancient ceremonies, the sign of the Cross in Baptism 
hath been retained in this Church, both by the judgment and practice 
ofthose Reverend Fathers and great Divines in the days of King 
Edward the Sixth, of whom some constantly suffered for the pro- 
fession of the truth ; and others being exiled in the time of Queen 
Mary, did, after their return, in the beginning of the reign of our late 
dread Sovereign, continually defend and use the same. This resolu- 
tion and practice of our Church hath been allowed and approved by 
the censure upon the Communion book in King Edward the Sixth his 
days, and by the harmony of Confessions of latter years : because 
indeed the use of this sign in Baptism was ever accompanied here 
with such sufficient cautions and exceptions against ail Popish 

e 



26 Constitutions and Canons Ecclesiastical. [app, 



No. 2. superstition and error, as in the like cases are either fit, or con- 
Canons and 
Constitutions. 



venient. 

First, the Church of England, since the abolishing of Popery, hath 
ever held and taught, and so doth hold and teach still, that the sign 
of the Cross used in Baptism is no part of the substance of that 
Sacrament: for when the Minister dipping the Infant in water, or 
laying water upon the face of it (as the manner also is) hath pro- 
nounced these words, I baptize thee, in the name of the Father, and of 
the Son, and of the Holy Ghost, the Infant is fully and perfectly 
baptized. So as the sign of the Cross being afterwards used, doth 
neither add any thing to the virtue and perfection of Baptism, nor being 
omitted doth detract any thing from the effect and substance of it. 

Secondly, it is apparent in the Communion-book, that the Infant 
baptized is, by virtue of Baptism, before it be signed with the sign of 
the Cross ; received into the Congregation of Christ's flock, as a perfect 
member thereof, and not by any power ascribed unto the sign of the 
Cross. So that for the very remembrance of the Cross, which is 
very precious to all them that rightly believe in Jesus Christ, and 
in the other respects mentioned, -the Church of England hath retained 
still the sign of it in Baptism : following therein the Primitive and 
Apostolical Churches, and accounting it a lawful outward ceremony 
and honourable badge, whereby the Infant is dedicated to the service 
of Him that died upon the Cross, as by the words used in the book of 
Common Prayer it may appear. 

Lastly, the use of the sign of the Cross in Baptism, being thus 
purged from all Popish superstition and error, and reduced in the 
Church of England to the primary institution of it, upon those true 
rules and doctrine concerning things indifferent which are consonant 
to the word of God, and the judgment of all the ancient Fathers, we 
hold it the part of every private man, both Minister and other, 
reverently to retain the true use of it prescribed by publick authority; 
considering that things of themselves indifferent do in some sort alter 
their natures, when they are either commanded or forbidden by a 
lawful Magistrate ; and may not be omitted at every man's pleasure 
contrary to the law when they be commanded, nor used when they 
are prohibited. 



Ministers, their Ordination, Function, and Charge* 
31. — Four solemn Times appointed for the making of 

Ministers. 
Forasmuch as the ancient Fathers of the Church, led by examples 
of the Apostles, appointed Prayers and Fasts to be used at the solemn 
Ordering of Ministers; and to that purpose allotted certain times, 
in which only sacred Orders might be given or conferred : We, fol- 
lowing their holy and religious examples, do constitute and decree, 



a pp.] Constitutions and Canons Ecclesiastical. 27 

that no Deacons or Ministers be made or ordained ; but only upon the No. 2. 
Sundays immediately following Jejunia quatuor temporum commonly constitutions, 
called Ember Weeks, appointed in antient time for Prayer and 
Fasting (purposely for this cause at their first institution) and so con- 
tinued at this day in the Church of England : and that this be done in 
the Cathedral or Parish Church where the Bishop resideth, and in the 
time of Divine Service, in the presence not only of the Archdeacon, 
but of the Dean and two Prebendaries at the least, or (if they shall 
happen by any lawful cause to be lett or hindered) in the presence 
of four other grave Persons, being Masters of Arts at the least, and 
allowed for publick Preachers. 



32. — None to be made Deacon and Minister both in 
one Day. 

The office of Deacon being a step or degree to the Ministry, accord- 
ing to the judgment of the ancient Fathers and the practice of the Pri- 
mitive Church; we do ordain and appoint, that hereafter no Bishop 
shall make any person, of what qualities or gifts soever, a Deacon 
and a Minister both together upon one day ; but that the order in 
that behalf prescribed in the book of making and consecrating 
Bishops, Priests, and Deacons, be strictly observed. Not that always 
every Deacon should be kept from the Ministry for a whole year, 
when the Bishop shall find good cause to the contrary ; but that there 
being now four times appointed in every year for the Ordination of 
Deacons and Ministers, there may ever be some time of trial of their 
behaviour in the office of Deacon, before they be admitted to the 
order of Priesthood. 



33. — -The Titles of such as are to be made Ministers. 

It hath been long since provided by many decrees of the ancient 
Fathers, that none should be admitted either Deacon or Priest, who 
had not first some certain place where he might use his function. 
According to which examples, we do ordain that henceforth no person 
shall be admitted into Sacred Orders, except he shall at that time 
exhibit to the Bishop, of whom he desireth imposition of hands, a 
presentation of himself to some Ecclesiastical Preferment then void in 
that Diocese ; or shall bring to the said Bishop a true and undoubted 
certificate, that either he is provided of some Church within the said 
Diocese, where he may attend the cure of souls, or of some Minister's 
place vacant either in the Cathedral Church of that Diocese, or in 
some other Collegiate Church therein also situate, where he may 
execute his Ministry ; or that he is a Fellow, or in right as a Fellow, 
or to be a Conduct or Chaplain in some College in Cambridge or 
Oxford, or except he be a Master of Arts of five years standing that 
liveth at his own charge in either of the Universities ; or except by 



28 Constitutions and Canons Ecclesiastical. [a pp. 

No. 2. the Bishop himself, that doth ordain him Minister, he be shortly 
Constitutions. a ^ er to De admitted either to some benefice or curateship then void. 
And if any Bishop shall admit any person into the Ministry ; that 
hath none of these titles, as is aforesaid, then he shall keep and 
maintain him with all things necessary, till he do prefer him to some 
ecclesiastical living. And if the said Bishop shall refuse so to do, 
he shall be suspended by the Archbishop, being assisted with another 
Bishop, from giving of orders for the space of a year. 

34. — The quality of such as are to he made Ministers. 

No Bishop shall henceforth admit any person into Sacred Orders, 
which is not of his own Diocese, except he be either of one of the 
Universities of this realm, or except he shall bring letters dimissory 
(so termed) from the Bishop of whose Diocese he is; and desiring 
to be a Deacon, is three aud twenty years old ; and to be a Priest, 
four and twenty years complete; and hath taken some degree of 
School, in either of the said Universities; or at the least, except 
he be able to yield an account of his faith in Latin, according to the 
Articles of Religion approved in the Synod of the Bishops and 
Clergy of this realm, one thousand five hundred sixty and two, and to 
confirm the same by sufficient testimonies out of the Holy Scriptures ; 
and except moreover, he shall then exhibit letters testimonial of his 
good life and conversation, under the seal of some College of Cam- 
bridge or Oxford, where before he remained, or of three or four grave 
Ministers, together with the subscription and testimony of other 
credible persons, who have known his life and behaviour by the space 
of three years next before. 

35. — The examination of such as are to be made Ministers. 

The Bishop, before he admit any person to holy Orders, shall dili- 
gently examine him in the presence of those Ministers that shall assist 
him at the imposition of hands ; and if the said Bishop have any lawful 
impediment, he shall cause the said Ministers carefully to examine 
every such person so to be ordered, provided, that they who shall 
assist the Bishop ia examining and laying on of hands, shall be of his 
Cathedral Church, if they may conveniently be had, or other 
sufficient Preachers of the same Diocese, to the number of three at 
the least : and if any Bishop or Suffragan shall admit any to Sacred 
Orders who is not so qualified, and examined, as before we have 
ordained, the Archbishop of his Province, having notice thereof, and 
being assisted therein by one Bishop, shall suspend the said Bishop 
or Suffragan so offending, from making either Deacons or Priests for 
the space of two years. 



a pp.] Constitutions and Canons Ecclesiastical. 29 

36. — Subscription required of such as are to be made No - % , 

1 1 nr- ■ j. Canons and 

Ministers. Constitutions. 

No person shall hereafter be received into the Ministry, nor either 

by institution or collation admitted to any Ecclesiastical Living, nor 

suffered to preach, to catechize, or to be a Lecturer or Reader of 

Divinity in either University, or in any Cathedral or Collegiate 

Church, city, or market-town, parish-church, chapel, or in any 

other place within this realm, except he be licensed either by the 

Archbishop, or by the Bishop of the Diocese where he is to be placed, 

under their hands and seals, or by one of the two Universities under 

their seal likewise ; and except he shall first subscribe to these three 

Articles following, in such manner and sort as we have here appointed. 

I. That the King's Majesty, under God, is the only Supreme 
Governor of this Realm, and of all other his Highness's Dominions 
and Countries, as well in all spiritual or ecclesiastical things or 
causes, as temporal ; and that no foreign Prince, Person, Prelate, 
State or Fotei.tate hath, or ought to have any jurisdiction, power, 
superiority, pre-eminence, or authoriy , ecclesiastical or spiritual, 
within his Majesty's said Realms, Dominion, and Countries. 

II. 1 hat the Book of Common Prayer, and of Ordering of Bi>hops 
Priests and Deacons, containeth in it nothing contrary to the Word of 
God, and that it may lawfully so be used ; and that he himself will use 
the form in the said Book prescribed, and publick Prayer, and Admi- 
nistration of the Sacraments, and none other. 

III. That he alloweth the Book of Articles of Religion agreed 
upon by the Archbishops and Bishops of both Provinces, and the 
whole Clergy in the Convocation holden at London in the year of 
our Lord God one thousand five hundred sixty and two ; and that he 
acknowledgeth all and every the Articles therein contained, being 
in number nine and thirty, besides the ratification, to be agreeable to 
the Word of God. 

To these three Articles whosoever will subscribe, he shall for 
the avoiding of all ambiguities, subscribe in this order and 
form of words, setting down both his Christian and Surname, viz. 
I, N. N. do willingly and ex animo subscribe to these three Articles 
abovementioned, and to all things that are contained in them. And 
if any Bishop shall ordain, admit, or license any as is aforesaid, except 
he first have subscribed in manner and form as here we have 
appointed, he shall be suspended from giving of orders and licences 
to preach for the space of twelve months. But if either of the 
Universities shall offend therein, we leave them to the danger of the 
law, and his Majesty's censure. 



30 Constitutions and Canons Ecclesiastical [a pp. 

Canons and 37 - — Subscription before the Diocesan. 

Constitutions. None licensed, as is aforesaid, to preach, read lecture, or catechize, 
coming to reside in any Diocese, shall be permitted there to preach, 
read lecture, catechize, or minister the Sacraments, or to execute 
any other ecclesiastical function, by what authority soever he be 
thereunto admitted, unless he first consent and subscribe to the three 
Articles before mentioned, in the presence of the Bishop of the 
Diocese, wherein he is to preach, read lecture, catechize, or admi- 
nister the Sacraments, as aforesaid. 



38. — Rtvolters after Subscription, censured. 

If any Minister, after he hath once subscribed to the said three 
Articles, shall omit to use the Form of Prayer, or any of the Orders 
or Ceremonies prescribed in the Communion-book, let him be sus- 
pended ; and if after a month he do not reform and submit himself, 
let him be excommunicated ; and then, if he shall not submit himself 
within the space of another month, let him be deposed from the 
Ministry. 



39. — Cautions for Institution of Ministers into Benefices, 
No Bishop shall institute any to a Benefice, who hath been 
ordained by any other Bishop, except he first shew unto him his 
letters of orders, and bring him a sufficient testimony of his forme? 
good life and behaviour, if the Bishop shall require it; and lastly, 
shall appear upon due examination, to be worthy of his Ministry. 

40. — An Oath agaimt Simony at Institution into Benefices. 

To avoid the detestable sin of Simony, because buying and selling 
of spiritual and ecclesiastical functions, offices, promotions, dig- 
nities, and livings, is execrable before God ; therefore the Archbishop, 
and all and every Bishop or Bishops, or any other person or persons, 
haung authority to admit, institute, collate, instal, or to confirm the 
election of any Archbishop, Bishop, or other person or persons, to any 
spiritual or ecclesiastical function, dignity, promotion, title, office, 
jurisdiction, place, or benefice, with cure, or without cure, or to any 
ecclesiastical living whatsoever, shall, before every such admission, 
institution, collation, installation, or confirmation of election, respec- 
tively minister to every person hereafter to be admitted, instituted, 
collated, installed, or confirmed in or to any archbishoprick, bishop- 
rick, or other spiritual or ecclesiastical function, dignity, pro- 
motion, title, office, jurisdiction, place, or benefice, with cure or 
without cure, or in or to any ecclesiastical living whatsoever, this 
Oath, in manner and form following, the same to be taken by every 
one whom it concerneth in his own person and not by a proctor : I, 
N. N. do swear, That I have made no simoniacal payment, contract, or 
promise, directly or indirectly, by myself, or by any other, to my know- 



a pp.] Constitutions and Canons Ecclesiastical. 31 

ledge, or with my consent, to any person or persons whatsoever, for or No. 2. 
concerning the procuring and obtaining of this ecclesiastical dignity, ^ an ° t " s *" d 
place, preferment, office, or living (respectively and particularly 
naming the same whereunto he is to be admitted, instituted, col- 
lated, installed, or confirmed) nor will at any time hereafter perform 
or satisfy any such kind of payment, contract, or promise made by 
any other without my knowledge, or consent: So help me God, 
through Jesus Christ. 



41. — Licenses for Plurality of Benefices limited, and 
Residence enjoined. 
No license or dispensation for the keeping of more benefices with 
cure than one, shall be granted to any but such only as shall be 
thought very well worthy for his learning, and very well able and 
sufficient to discharge his duty ; that is, who shall have taken 
the degree of a Master of Arts at the least in one of the Universities 
of this realm, and be a publick and sufficient preacher licensed. 
Provided always, that he be by a good and sufficient caution bound 
to make his personal residence in each his said benefices for 
some reasonable time in every year ; and that the said benefices 
be not more than thirty miles distant asunder: and lastly, that he 
have under him in the benefice, where he doth not reside, a 
preacher lawfully allowed, that is able sufficiently to teach and 
instruct the people. 



42. — Residence of Deans in their Churches. 

Every Dean, Master, or Warden or chief Governor of any Cathe* 
dral or Collegiate Church, shall be resident in his said Cathedral or 
Collegiate Church fourscore and ten days conjunctim or divisim in 
every year at the least, and then shall continue there in preaching the 
Word of God, and keeping good hospitality, except he shall be 
otherwise lett with weighty and urgent causes, to be approved by the 
Bishop of the Diocese, or in any other lawful sort dispensed withe 
And when he is present, he, with rest of the Canons or Prebendaries 
resident, shall take special care that the statutes and laudable cus- 
toms of their Church, (not being contrary to the Word of God, or 
prerogative royal) the statutes of this realm being in force concerning 
ecclesiastial order, and all other constitutions now set forth, and 
confirmed by His Majesty's authority, and such as shall be lawfully 
enjoined by the Bishop of the Diocese in his visitation, according to 
the statutes and customs of the same Church, or the ecclesiastical 
laws of this realm, be diligently observed; and that the petty canons, 
vicars choral, and other Ministers of their Church, be urged to the 
study of the Holy Scriptures; and every one of them to have the 
New Testament not only in English, but also in Latin. 



32 Constitutions and Canons Ecclesiastical. [app* 

No. 2. 43. — Deans and Prebendaries to preach during 

Canons and */•#)•; 

Constitutions. their Residence. 

The Dean, Master, Warden, or chief Governor, Prebendaries, and 
Canons in every Cathedral and Collegiate Church, shall not only preach 
there in their own persons so often as they are bound by law, statute, 
ordinance, or custom, but shall likewise preach in other Churches of the 
same Diocese where they are resident, and especially in those places 
whence they or their Church receive any yearly rents or profits. And in 
case they themselves be sick, or lawfully absent, they shall substitute 
such licensed preachers to supply their turns, as by the Bishop of the 
Diocese shall be thought meet to preach in Cathedral Churches. And 
if any otherwise neglect or omit to supply his cou rse, as is aforesaid, the 
offender shall be punished by the Bishop, or by him or them to whom 
the jurisdiction of that Church appertained, according to the quality 
of the offence. 



44. — Prebendaries to be resident upon their Benefices. 

No Prebendaries or Canons in Cathedral or Collegiate Churches, 
having one or more benefices with cure, and not being Residentiaries 
in the same Cathedral or Collegiate Churches) shall, under colour of 
their said prebends, absent themselves from their benefices with cure, 
above the space of one month in the year, unless it be for some 
urgent cause, and certain time to be allowed by the Bishop of the 
Diocese. And such of the said Canons and Prebendaries, as by the 
ordinances of the Cathedral or Collegiate Churches do stand bound to 
be resident in the same, shall so among themselves sort and propor- 
tion the times of the year, concerning residency to be kept in the said 
Churches, as that some of them always shall be personally resident 
there; and that all those who be, or shall be residentiaries in 
any Cathedral or Collegiate Church, shall, after the days of their 
residency appointed by their local statutes or customs expired, pre- 
sently repair to their benefices, or some one of them, or -to some 
other charge where the law requireth their presence, there to discharge 
their duties according to the laws in that case provided. And the 
Bishop of the Diocese shall see the same to be duly performed and 
put in execution. 

45. — Beneficed Preachers, being resident upon their 
Livings, to preach every Sunday. 

Every beneficed man, allowed to be a preacher, and residing on 
his benefice, having no lawful impediment, shall in his own cure, or 
in some other Church or Chapel where he may conveniently, near 
adjoining (where no preacher is) preach one Sermon every Sunday of 
the year; wherein he shall soberly and sincerely divide the Word of 
Truth, to the glory of God, and to the best edification of the people. 



a pp.] Constitutions and Canons Ecclesiastical. 33 

46. — Beneficed Men, not Preachers, to procure monthly ^°- 2 

Sermons. Constitutions. 

Every beneficed Man, not allowed to be a preacher, shall procure 
Sermons to be preached in his cure once in every month at the least, 
by preachers lawfully licenced, if his living in the judgment of the 
Ordinary will be able to bear it. And upon every Sunday, when 
there shall not be a Sermon preached in his cure, he or his curate 
shall read some one of the Homilies prescribed or to be prescribed by 
authority, to the intents aforesaid. 



47. — Absence of beneficed Men to be supplied by Curates 
that are allowed Preachers. 

Every beneficed Man, licenced by the laws of this realm, upon 
urgent occasions of other service, not to reside upon his benefice, 
shall cause his cure to be supplied by a Curate that is sufficient and 
licensed preacher, if the worth of the benefice will bear it. But 
whosoever hath two benefices, shall maintain a preacher licensed in 
the benefice where he doth not reside, except he preach himself at 
both of them usually. 



48. — None to be Curates but allowed by the Bishop. 

No Curate or Minister shall be permitted to serve in any place-, 
without examination and admission of the Bishop of the Diocese, 
or Ordinary of the place having episcopal jurisdiction, in writing 
under his hand and seal, having respect to the greatness of the cure, 
and meetness of the party. And the said Curates and Ministers, if 
they remove from one diocese to another, shall not be by any means 
admitted to serve without testimony of the Bishop of the diocese, or 
Ordinary of the place, as aforesaid, whence they came, in writing, of 
their honesty, ability, and conformity to the ecclesiastical laws of the 
Church of England. Nor shall any serve more than one Church or 
Chapel upon one day, except that Chapel be a member of the Parish 
Church, or united thereunto ; aud unless the said Church or Chapel, 
where such a minister shall serve in two places, be not able in the 
judgment of the Bishop or Ordinary, as aforesaid, to maintain a curate. 



49. — Ministers not allowed Preachers, may not expound. 

No person whosoever not examined and approved by the Bishop of 
the diocese, or not licensed, as is aforesaid, for a sufficient or conve* 
nient preacher, shall take upon him to expound in his own cure, or 
elsewhere, any Scripture or matter of doctrine; but shall only study 
to read plainly and aptly (without glossing or adding) the Homilies 

/ 



34 Constitutions and Canons Ecclesiastical. [app. 

No. 2. already set forth, or hereafter to be published by lawful authority, for 

Canons and , _ . _, .., ^ t- ^ i • • j 

Constitutions, the confirmation of the true faith, and tor the good instruction and 

edification of the people. 



50. —Strangers not admitted to preach without shewing 
their License. 

Neither the Minister, Churchwardens, or any other officers of 
the Church, shall suffer any man to preach within their Churches, or 
Chapels, but such as by shewing their license to preach, shall appear 
unto them to be sufficiently authorized thereunto, as is aforesaid. 



5 1 . — Strangers not admitted to preach in Cathedral 
Churches without sufficient authority. 

The Deans, Residents, and residentiaries of any Cathedral or 
Collegiate Church, shall suffer no stranger to preach unto the people 
in their Churches, except they be allowed by the Archbishop of the 
province, or by the Bishop of the same diocese, or by either of the 
Universities. And if any in his Sermon shall publish any doctrine, 
either strange, or disagreeing from the Word of God, or from any of 
the Articles of Religion agreed upon in the Convocation-house, Anno 
1562, or from the Book of Common Prayer; the Dean or the Resi- 
dents, shall, by their letters subscribed with some of their hands, 
that heard him, so soon as may be, give notice of the same to the 
Bishop of the diocese, that he may determine the matter, and take 
such order therein, as he shall think convenient. 



52. — The names of strange Preachers to be noted in a Book. 

That the Bishop may understand (if occasion so require) what 
Sermons are made in every Church of his diocese, and who presume 
to preach without license, the Churchwardens and side-men shall 
see that the names of all Preachers, which come to their Church from 
any other place, be noted in a book, which they shall have ready for 
that purpose ; wherein every Preacher shall subscribe his name, the 
day when he preached, and the name of the Bishop of whom he had 
license to preach. 



53. — No publick Opposition between Preachers. 

If any Preacher shall in the pulpit particularly, or namely, of 
purpose, impugn or confute any doctrine delivered by any other 
Preacher in the same Church, or in any Church near adjoining, 
before he hath acquainted the Bishop of the Diocese therewith, and 
received order from him what to do in that case, because upon such 



a pp.] Constitutions and Canons Ecclesiastical. 35 

publick dissenting and contradicting there may grow much offence No. 2. 

and disquietness unto the people ; the Churchwardens, or party Constitutions. 

grieved shall forthwith signify the same to the said Bishop, and not 

suffer the said Preacher any more to occupy that place which he hath 

once abused, except he faithfully promise to forbear all such matter 

of contention in the Church, until the Bishop hath taken further 

order therein, who shall with all convenient speed so proceed therein, 

that publick satisfaction may be made in the congregation where 

the offence was given. Provided, that if either of the parties offending 

do appeal, he shall not be suffered to preach pendente lite. 



54. — The Licenses of Preachers refusing Conformity, 
to be void. 

fp any man licensed heretofore to preach, by any Archbishop, 
Bishop, or by either of the Universities, shall at any time henceforth 
refuse to conform himself to the laws, ordinances, and rites ecclesias- 
tical, established in the Church of England ; he shall be admonished 
by the Bishop of the Diocese, or Ordinary of the place, to submit 
himself to the use and due exercise of the same. And if after such 
admonition, he do not conform himself within the space of one month, 
we determine and decree, that the license of every such preacher 
shall thereupon be utterly void and of none effect. 



55. — The Form of a Prayer to be used by all Preachers 
before their Sermons. 

Before all Sermons, Lectures, and Homilies, the Preachers and 
Ministers shall move the people to join with them in prayer in this 
form, or to this effect, as briefly as conveniently they may : Ye shall 
pray for Christ's holy Catholick Church, that is, for the whole Congre- 
gation of Christian people dispersed throughout the whole world, and 
especially for the Churches of England, Scotland, and Ireland, and 
herein I require you most especially to pray for the King's most excel- 
lent Majesty, our Sovereign Lord James, King of England, Scotland, 
France, and Ireland, Defender of the Faith, and Supreme Governor of 
these his realms, and all other his dominions and countries, over all 
persons, in all causes, as well ecclesiastical as temporal ; ye shall 
also pray for our Gracious Queen Anne, the Noble Prince Henry, and 
the rest of the King's and Queen's Royal Issue ; ye shall also pray for 
the Ministers of God's holy Word and Sacraments, as well Archbishops 
and Bishops, as other Pastors and Curates ; ye shall also pray for 
the King's most Honourable Council, and for all the Nobility and 
Magistrates of this realm ; that all and every of these, in their 
several callings, may serve truly and faithfully to the glory of God, 



36 Constitutions and Canons Ecclesiastical. [a pp. 

No. 2. and the edifying and well governing of his people, remembering the 
Constitutions, account that they must make ; also ye shall pray for the whole 
Commons of this realm, that they may live in the true faith and 
fear of God, in humble obedience to the King, and brotherly charity one 
to another; finally, let us praise God for all those which are departed 
out of this life in the faith of Christ, and pray unto God, that we may 
have grace to direct our lives after their good examples : that this 
life ended, we may be made partakers with them of the glorious 
Resurrection in the Life everlasting ; always concluding with the 
Lord's Prayer. 



56. — Preachers and Lecturers to read Divine Service, 
and administer the Sacraments twice a year at the least. 

Every Minister being possessed of a benefice that hath cure and 
charge of souls, although he chiefly attend to preaching, and hath 
a Curate under him to execute the other duties which are to be 
performed for him in the Church, and likewise every other stipendiary 
Preacher that readeth any lecture or catechizeth, or preacheth in any 
Church or Chapel, shall twice at the least every year read himself 
the Divine Service upon two several Sundays publickly, and at the 
usual times, both in the forenoon and afternoon, in the Church 
which he so possesseth, or where he readeth, catechizeth, or 
preacheth, as is aforesaid ; and shall likewise as often in every year 
administer the Sacraments of Baptism, if there be any to be baptized, 
and of the Lord's Supper, in such manner and form, and with the 
observation of such rites and ceremonies as are prescribed by the 
Book of Common Prayer, in that behalf: which if he do not accord- 
ingly perform, then shall he that is possessed of a benefice (as before) 
be suspended; and he that is but a Reader, Preacher, or Catechizer, be 
removed from his place by the Bishop of the diocese, until he or they 
shall submit themselves to perform all the said duties, in such manner 
and sort as before is prescribed. 



57. — The Sacraments not to be refused at the hands of 
unj> reaching Ministers. 

Whereas divers persons, seduced by false teachers, do refuse to 
have their children baptized by a Minister that is no Preacher, and to 
receive the Holy Communion at his hands in the same respect, as 
though the virtue of those Sacraments did depend upon his ability to 
preach ; forasmuch as the doctrine both of Baptism and of the Lord's 
Supper is so sufficiently set down in the Book of Common Prayer to 
be used at the administration of the said Sacraments, as nothing can 
be added unto it that is material and necessary; we do require auti 



a pp.] Constitutions and Canons Ecclesiastical. 



87 



charge every such person, seduced as aforesaid, to reform that their No - 2 - 

° jrii^iT-i. Canons and 

wilfulness, and to submit himself to the order of the Church in that Constitutions. 

behalf; both the said Sacraments being equally effectual, whether 
they be ministered by a Minister that is no Preacher, or by one that 
is a Preacher. And if any hereafter shall offend herein, or leave their 
own Parish Churches in that respect, and communicate, or cause 
their children to be baptized in other parishes abroad, and will not 
be moved thereby to reform that their error and unlawful course ; let 
them be presented to the Ordinary of the place by the Minister, 
Churchwardens, and Side-men, or Quest men of the parishes where 
they dwell, and there receive such punishments by ecclesiastical cen- 
sures, as such obstinacy doth worthily deserve ; that is, let them 
(persisting in their wilfulness) be suspended, and then, after a month's 
farther obstinacy, excommunicated. And likewise if any Parson, 
Vicar, or Curate, shall, after the publishing hereof, either receive to 
the Communion any such persons which are not of his own Church 
and Parish, or shall baptize any of their Children, thereby strength- 
ening them in their said errors; let him be suspended, and not 
released thereof, until he do faithfully promise that he will not 
afterwards offend therein. 



58. — Ministers reading Divine Service, and administering 
the Sacraments, to wear Surplices, and Graduates 
therewithal Hoods, 

Every Minister saying the publick prayers, or ministering the 
Sacraments or other rites of the Church, shall wear a decent and 
comely Surplice with sleeves, to be provided at the charge of 
the parish. And if any question arise touching the matter, decency, 
or comeliness thereof, the same shall be decided by the discretion of 
the Ordinary. Furthermore, such Ministers as are graduates, shall 
wear upon their Surplices, at such times, such Hoods as by the 
orders of the Universities are agreeable to their degrees, which no 
Minister shall wear (being no graduate) under pain of suspension. 
Notwithstanding, it shall be lawful for such Ministers as are not 
graduates, to wear upon their Surplices, instead of Hoods, some 
decent tippet of black, so it be not silk. 



59. — Ministers to catechize every Sunday. 

Every Parson, Vicar, or Curate, upon every Sunday and Holy- 
day before Evening Prayer, shall, for half an hour or more examine 
and instruct the youth and ignorant persons of his parish, in the Ten 
Commandments, the Articles of the Belief, and in the Lord's Prayer; 
and shall diligently hear, instruct, and teach them the Catechism set 
forth in the Book of Common Prayer. And all fathers, mothers* 



33 Constitutions and Canons Ecclesiastical [a pp. 

No. 2. masters, and mistresses, shall cause their children, servants, appren- 
v^anons and . . 1 i i 

Constitutioas. tlces > which have not learned the catechism, to come to the church at 

the time appointed, obediently to hear, and to be ordered by the 
Minister, until they have learned the same. And if any Minister 
neglect his duty herein let him be sharply reproved upon the first 
complaint, and true notice thereof given to the Bishop or Ordinary 
of the place. If, after submitting himself, he shall willingly offend 
therein again, let him be suspended; if so the third time, there being 
little hope that he will be therein reformed, then excommunicated, 
and so remain, until he will be reformed. And likewise, if any of the 
fathers, mothers, masters, or mistresses, children, servants, or appren- 
tices, shall neglect their duties, as the one sort in not causing them 
to come, and the other in refusing to learn, as aforesaid ; let them be 
suspended by their Ordinaries (if they be not children) and if they so 
persist by the space of a month, then let them be excommunicated. 



60. — Confirmation to be performed once in three Years. 

Forasmuch as it hath been a solemn, antient and laudable custom 
In the Church of God, continued from the Apostles times, that all 
Bishops should lay their hands upon children baptized, and instructed 
in the Catechism of Christian Religion, praying over them, and 
blessing them, which we commonly call Confirmation, and that this 
holy action hath been accustomed in the Church in former ages, 
to be performed in the Bishop's visitation every third year; we will 
aad appoint, that every Bishop, or his Suffragan, in his accustomed 
visitation, do in his own person carefully observe the said custom. 
And if in that year, by reason of some infirmity, he be not able per- 
sonally to visit, then he shall not omit the execution of that duty of 
Confirmation the next year after, as he may conveniently. 



61.' — Ministers to prepare Children for Confirmation. 

Every Minister, that hath cure and charge of souls, for the 
better accomplishing of the orders prescribed in the Book of Common 
Prayer concerning Confirmation, shall take especial care that none shall 
be presented to the Bishop for him to lay his hands upon, but such as 
can render an account of their faith according to the Catechism in the 
said Book contained. And when the Bishop shall assign any time 
for the performance of that part of his duty, every such Minister shall 
use his best endeavour to prepare and make able, and likewise to 
procure as many as he can to be then brought, and by the Bishop to 
be confirmed. 



app.] Constitutions and Canons Ecclesiastical. 39 

62.— Ministers not to marry any Persons without Banns, Can ^ s *; d 

Or License. Constitutions. 

No Minister, upon pain of suspension per triennium ipso facto, 
shall celebrate Matrimony between any persons, without a faculty or 
license granted by some of the persons in these our constitutions 
expressed, except the Banns of Matrimony have been first published 
three several Sundays, or Holy days, in the time of Divine Service, in 
the Parish Churches and Chapels where the said parties dwell, 
according to the Book of Common Prayer. Neither shall any 
Minister, upon the like pain, under any pretence whatsoever, join any 
persons so licensed in marriage at any unseasonable times, but only 
between the hours of eight and twelve in the forenoon, nor in any 
private place, but either in the said Churches or Chapels where one 
of them dwelleth, and likewise in time of Divine Service ; nor when 
Banns are thrice asked, and no license in that respect necessary, 
before the parents or governors of the parties to be married, being 
under the age of twenty and one years, shall either personally, or by 
sufficient testimony, signify to him their consents given to the said 
marriage. 



63. — Ministers of exempt Churches not to marry without 
Banns or License. 

Every Minister, who shall hereafter celebrate Marriage between 
any persons contrary to our said constitutions, or any part of them, 
under colour of any peculiar liberty or privilege claimed to appertain 
to certain Churches and Chapels, shall be suspended per triennium 
by the Ordinary of the place where the offence shall be committed. 
And if any such Minister shall afterwards remove from the place 
where he hath committed that fault, before he be suspended, as is 
aforesaid, then shall the Bishop of the diocese or Ordinary of the 
place, where he remaineth, upon certificate under the hand and seal 
of the other Ordinary, from whose jurisdiction he removed, execute 
that censure upon him. 



64. — Ministers solemnly to bid Holy -days. 

Every Parson, Vicar or Curate, shall in his several charge declare 
to the people every Sunday at the time appointed in the Communion- 
book, whether there be any Holy-days or Fasting-days the week 
following. And if any do hereafter wittingly offend herein, and being 
once admonished thereof by his Ordinary, shall again omit that duty, 
let him be censured according to law, until he submit himself to the 
due performance of it, 



40 Constitutions and Canons Ecclesiastical. [app„ 

Cain's aud §5 .—Ministers solemnly to denounce Recusants and 

Constitutions. Excommunicates \ 

All Ordinaries shall in their several jurisdictions carefully see and 
give order, that as well those who for obstinate refusing to frequent 
Divine Service established by publick authority within this Realm of 
England, as those also (especially of the better sort and condition) 
who for notorious contumacy, or other notable crimes, stand lawfully 
excommunicate, (unless within three months immediately after the 
said sentence of excommunication pronounced against them, they 
reform themselves, and obtain the benefit of absolution,) be every six 
months ensuing, as well in the Parish Church, as in the Cathedral 
Church of the Diocese in which they remain, by the Minister openly 
in time of Divine Service, upon some Sunday, denounced and declared 
excommunicate, that others may be thereby both admonished to 
refrain their company and society, and excited the rather to procure 
out a writ de excommunicato capiendo, thereby to bring and reduce 
them into due order and obedience. Likewise the Register of every 
Ecclesiastical Court shall yearly, between Michaelmas and Christmas, 
duly certify the Archbishop of the province of all and singular the 
premisses aforesaid. 



§6 m — Ministers to confer with Recusants. 

Every Minister being a Preacher, and having any Popish Recu- 
sant or Recusants in his Parish, and thought fit by the Bishop of the 
Diocese, shall labour diligently with them from time to time, thereby 
to reclaim them from their errors. And if he be no Preacher, or not 
such Preacher, then he shall procure, if he can possibly, some that 
are Preachers so qualified to take pains with them for that purpose. 
If he can procure none, then he shall inform the Bishop of the diocese 
thereof, who shall not only appoint some neighbour Preacher or 
Preachers adjoining to take that labour upon them, but himself also, 
as his important affairs will permit him, shall use his best endeavour, 
by instf uction, persuasion, and all good means he can devise, to 
reclaim both them and ail other within his diocese so affected. 



67. — Ministers to visit the Sick. 

When any person is dangerously sick in any Parish, the Minister 
or Curate, having knowledge thereof, shall resort unto him or her (if 
the disease be not known or probably suspected to be infectious) to 
instruct and comfort them in their distress, according to the Order of 
the Communion Book, if he be no Preacher ; or if he be a Preacher, 
then as he shall think most needful and convenient. And when any is 
passing out of this life, a bell shall be tolled, and the Minister shall 



a pp.] Constitutions and Canons Ecclesiastical. 41 

not then slack to do his last duty. And after the party's death, if it No. 2. 

so fall out, there shall be rung no more than one short peal, and one Constitutions, 

other before the burial, and one other after the burial. v^-y^/ 









68. — Ministers not to refuse to Christen or Bury. 

No Minister shall refuse or delay to christen any child according 
to the form of the Book of Common Prayer, that is brought to the 
Church to hi;n upon Sundays or Holy-days to be christened, or to 
bury any corps that is brought to the Church or Church-yard, con- 
venient warning being given him thereof before, in such manner and 
form as is prescribed in the said Book of Common Prayer. And if 
he shall refuse to christen the one, or bury the other (except the party 
deceased were denounced excommunicated majori excommunicatione 
for some grievous and notorious crime, and no man able to testify of 
his repentance) he shall be suspended by the Bishop of the diocese 
from his ministry by the space of three months. 

69. — Ministers not to defer Christening, if the child 
be in danger. 

Irany Minister, being duly withoutany manner of collusion, informed 
of the weakness and danger of death of any infant unbaptized in his 
parish, and thereupon desired to go or come to the place where the 
said infant remaineth, to baptize the same, shall either wilfully refuse 
so to do, or of purpose, or of gross negligence, shall so defer the time, 
when he might conveniently have resorted to the place, and have 
as baptized the said infant, it dieth, through such his default, un- 
baptized ; the said Minister shall be suspended for three months, and 
before his restitution shall acknowledge his fault, and promise 
before his Ordinary, that he will not wittingly incur the like again. 
Provided, that where there is a Curate, or a substitute, this constitu- 
tion shall not extend to the Parson or Vicar himself, but to the Curate 
or substitute present. 

70. — Ministers to keep a Register of Christenings, 
Weddings, and Burials. 

In every Parish Church and Chapel within this realm, shall be 
provided one parchment book at the charge of the Parish, wherein 
shall be written the day and year of every Christening, Wedding, and 
Burial, which have been in that Parish since the time that the law 
was first made in that behalf, so far as the ancient bocks thereof can 
be procured, but especially since the beginning of the reign of the late 
Queen. And for the safe keeping of the said book, the Church- 
wardens, at the charge of the Parish, shall provide one sure coffer, 
with three locks and keys; whereof the one to remain with the 

9 



42 Constitutions and Canons Ecclesiastical. f atp. 

"No. 2. Minister, and the other two with the Church- wardens, severally; 
Canons and . 

Constitutions. so that neither the Minister without the two Church-wardens, nor 

the Church- wardens without the Minister, shall at any time take 
that book out of the said coffer. And henceforth upon every 
Sabbath-day, immediately after Morning or Evening Prayer, the 
Minister and Church-wardens, shall take the said parchment 
book out of the said coffer, and the Minister, in the presence of 
the Church-wardens, shall write and record in the said book the 
names of all persons christened, together with the names and sur- 
names of their parents ; and also the names of all persons married 
and buried in that parish in the week before, and the day and year 
of every such Christening, Marriage, and Burial ; and that done, they, 
shall lay up that book in the coffer, as before; and the Minister and 
Church-wardens unto every page of that Book when it shall be filled 
with such inscriptions, shall subscribe their names. And the Church- 
warden shall once every year, within one month after the five and 
twentieth day of March, transmit unto the Bishop of the diocese, or 
his Chancellor, a true copy of the names of all persons christened, 
married, or buried in their parish, in the year before, ended the said 
five and twentieth day of March, and the certain days and months in 
which every such Christening, Marriage, and Burial was had, to be 
subscribed with the hands of the said Ministers and Church-wardens, 
to the end the same may faithfully be preserved in the registry of the 
said Bishop ; which certificate shall be received without fee. And if 
the Minister or Church-wardens shall be negligent in performance of 
any thing herein contained, it shall be lawful for the Bishop, or his 
Chancellor to convent them, and proceed against every of them as 
contemners of this our Constitution. 



l\ t — Ministers not to preach, or administer the Com- , 
munion in Private Houses. 

No Minister shall preach, or administer the Holy Communion, in 
any private house, except it be in times of necessity, when any being 
either so impotent as he -cannot goto the Church, or very danger- 
ously sick, are desirous to be partakers of the Holy Sacrament, upon 
pain of suspension for the first offence, and excommunication for the 
second. Provided, the houses are here reputed for private houses, 
wherein are no Chapels dedicated and allowed by ..the ecclesiastical 
laws of this realm, And provided also, under the pains before 
expressed, that no Chaplains do preach, or administer the Com- 
munion in any other places, but in . the Chapels, of the said houses, 
and that also they do the same very seldom upon Sundays and Holy? 
days ; so that both the Lords and Masters of the said houses, and 
ifoeir families, shall at other times resort to their own parish 



a pp.] Constitutions and Canons Ecclesiastical. 43 

Churches, and there receive the Holy Communion at the least once No. 2. 

evPrv vpap Canons and 

every year. Constitutions. 

72.^ — Ministers not to appoint publick or private Fasts or 
Prophecies, or to exercise, but by authority. 

No Minister or Ministers shall without the license and direction 
of the Bishop of the Diocese first obtained and had under his hand 
and seal, appoint or keep any solemn fasts, either publickly or in any 
private houses, other than such as by law are, or by pubiick authority 
shall be appointed, nor shall be wittingly present at any of them, 
under pain of suspension for the first fault, of excommunication for 
the second, and of deposition from the ministry for the third. 
Neither shall any Minister, not licensed, as is aforesaid, presume to 
appoint or hold any meetings for sermons, commonly termed by some 
prophecies or exercises, in market-towns, or other places, under the 
said pains : nor, without such license, to attempt, upon any pretence 
whatsoever, either of possession or obsession, by fasting and prayer, 
to cast out any devil or devils, under pain of the imputation of 
imposture or cosenage, and deposition from the ministry. 



73. — Ministers not to hold Private Conventicles. 

Forasmuch as all Conventicles, and secret meetings of Priests 
and Ministers, have been ever justly accounted very hurtful to the 
state of the Church wherein they live ; we do now ordain and con- 
stitute, that no Priests, or Ministers of the word of God, or any other 
persons, shall meet together in any private house, or elsewhere, to 
consult upon any matter or course to be taken by them, or upon 
their motion or direction by any other, which may any way tend to the 
impeaching or depraving of the doctrine of the Church of England, or 
of the Book oif Common Prayer, or of any part of the government and 
discipline now established in the Church of England, under pain of 
excommunication ipso facto. 



1 A. -—Decency in Apparel enjoined to Ministers. 

The true, ancient, and flourishing Churches of Christ, being ever 
desirous that their Prelacy and Clergy might be had as well in out- 
ward reverence, as otherwise regarded for the worthiness of their 
Ministry, did think it fit, by a prescript form of decent and comely 
apparel, to have them known to the people, and thereby to receive 
the honour and estimation due to the special Messengers and 
Ministers of Almighty God. We therefore, following their grave 
judgment, and the ancieut custom of the Church of England, and 
hoping that in time new-fangleness of apparel In some factious 



44 Constitutions and Canons Ecclesiastical. [a pp. 

No. 2. persons will die of itself, do constitute and appoint, that the Arch- 
Corwtitations Disno P s anc * Bishops shall not intermit to use the accustomed apparel 
of their degrees. Likewise all Deans, Masters of Colleges, Arch- 
deacons, and Prebendaries, in Cathedral and Collegiate Churches 
(being Priests or Deacons), Doctors in Divinity, Law and Physick, 
Batchelors in Divinity, Masters of Arts, andBatcheiors of Law, having 
any ecclesiastical living shall usually wear gowns with standing 
collars, and sleeves strait at the hands, or wide sleeves, as is used in 
the Universities, with hoods or tippets of silk or sarcenet, and square 
caps. And that all other Ministers admitted or to be admitted into 
that function, shall also usually wear the like apparel, as is aforesaid, 
except tippets only. We do further in like manner ordain, that all 
the said ecclesiastical persons above-mentioned shall usually wear 
in their journeys, cloaks with sleeves, commonly called priests 
cloaks, without guards, welts, long buttons, or cuts. And no 
ecclesiastical person shall were any coif or wrought night-cap, but only 
plain night caps of black silk, satten, or velvet. In all which parti- 
culars concerning the apparel here prescribed, our meaning is not to 
attribute any holiness or special worthiness to the said garments, but 
for decency, gravity, and order, as is before specified. In private 
houses, and in their studies, the said persons ecclesiastical may use 
any comely and scholar-like apparel, provided that it be not cut or 
pinkt; and that in publick they go not in their doublet and hose, 
without coats or cassock; and that they wear not any light-coloured 
stockings. Likewise poor beneficed men and curates (not being able 
to provide themselves long gowns) may go in short gowns of the 
fashion aforesaid. 



75. — Sober Conversation required in Ministers. 

No ecclesiastical person shall at any time, other than for their 
honest necessities, resort to any taverns, or alehouse, neither shall 
they board or lodge in any such places. Furthermore, they shall not 
give themselves to any base or servile labour, or to drinking or riot, 
spending their time idly by day or by night, playing at dice, cards, 
or tables, or any other unlawful games ; but at all times convenient 
they shall hear or read somewhat of the Holy Scriptures, or shall 
occupy themselves with some other honest study or exercise, always 
doing the things which shall appertain to honesty, and endeavouring 
to profit the Church of God ; having always in mind, that they ought 
to excel all others in purity of life, and should be examples to the 
people to live well and christianly, under pain of ecclesiastical cen- 
sures, to be inflicted with severity, according to the qualities of their 
offences. 



a pp.] Constitutions and Canons Ecclesiastical. 45 

76. — Ministers at no time to forsake their Calling. „ No - 2 - . 

J ° Canons and 

No man, being admitted a Deacon or Minister, shall from thence- 
forth voluntarily relinquish the same, nor afterward use himself in the 
course of his life as a layman, upon pain of excommunication. And 
the names of all such men, so forsaking their calling, the Church- 
wardens of the parish where they dwell shall present to the Bishop of 
the diocese, or to the Ordinary of the place having episcopal 
jurisdiction. 

School-Masters. 
77. — None to teach School without License. 

No man shall teach either in publick school, or private house, but 
such as shall be allowed by the Bishop of the diocese, or Ordinary of 
the place, under his hand and seal, being found meet as well for his 
learning and dexterity in teaching, as for sober and honest conver- 
sation, and also for right understanding of God's true religion ; and 
also except he shall first subscribe to the first and third articles 
aforementioned simply, and to the two first clauses of the second 
article. 



78. — Curates desirous to teach, to be licensed before others. 

In what Parish Church or Chapel soever there is a Curate, which 
is a Master of Arts, or Batchelor of Arts, or is otherwise well able to 
teach youth, and will willingly so do, for the better increase of his 
living, and training up of children in principles of true religion; 
we will and ordain, that a license to teach youth of the parish where 
he serveth, be granted to none by the Ordinary of that place, but only 
to the said Curate. Provided always, that this constitution shall not 
extend to any Parish or Chapel in country towns, where there is a 
publick school founded already; in which case we think it not meet 
to allow any to teach grammar, but only him that is allowed for the 
said publick school. 



79.— The Duty of School- Masters. 

All School-Masters shall teach in English or Latin, as the 
children are able to bear, the larger or shorter catechism heretofore 
•by publick authority set forth. And as often as any Sermon shall 
be upon holy and festival days within the parish where they teach, 
they shall bring their scholars to the Church where such sermons 
shall be made, and there see them quietly and soberly behave them- 
selves ; and shall examine them at times convenient, after their return, 
what they have borne away of such sermons. Upon other days, and 
^at other times, they shall train them up with such sentences of Holy 



46 Constitutions and Canons Ecclesiastical. {apf. 

No. 2. Scripture, as shall be most expedient to induce them to all godliness- 

Lanons and . . .. ° 

Constitutions, and they shall teach the grammar set forth by King Henry the 

Eighth, and continued in the times of King Edward the Sixth, and 

Queen Elizabeth, of noble memory, and none other. And if any 

School-Master, being licensed, and having subscribed, as aforesaid, 

shall offend in any of the premises, or either speak, write, or teach 

against any thing whereunto he hath formerly subscribed, (if upon 

admonition by the Ordinary he do not amend and reform himself,) let 

him be suspended from teaching school any longer. 



Things appertaining to Churches. 

80. — The great Bible r and Book of Common Prayer to be 
had in every Church. 

The Church-wardens or Quest-men of every Church and Chapel 
shall at the charge of the Parish, provide the Book of Common 
Prayer lately explained in some few points by his Majesty's authority, 
according to the laws and his Highnesses prerogative in that behalf, 
and that with all convenient speed, but at the farthest within two 
months after the publishing of these our constitutions. And if any 
Parishes be yet unfurnished of the Bible of the largest volume, or of 
the Books of Homilies allowed by authority, the said Church-wardens 
shall within convenient time provide the same at the like charge of 
the Parish. 



81. — A Font of Stone for Baptism in every Church. 

According to a former constitution, too much neglected in many 
places, we appoint that there shall be a font of stone in every Church 
and Chapel where baptism is to be ministered ; the same to be set in 
the ancient usual places : in which only font the Minister shall 
baptize publickly. 

82. — A decent Communion Table in every Church. 

Whereas we have no doubt, but that in all Churches within the 
realm of England, convenient and decent tables are provided and 
placed for the celebration of the Holy Communion, we appoint that the 
same tables shall from time to time be kept and repaired in sufficient 
and seemly manner, and covered, in time of Divine Service, with 
a carpet of silk or other decent stuff, thought meet by the Ordinary 
of the place, if any question be made of it, and with a fair linen cloth 
at the time of the ministration, as becometh that table, and so stand, 
saving when the said Holy Communion is to be administered : at 
which time the same shall be placed in so good sort within the 



app.] Constitutions and Cations Ecclesiastical. 47 

Church or Chancel, as thereby the Minister may be more conve- No. 2 

•11 j/»i/-« • -,. i-- A x- Canons and 

mently heard oi the Communicants in his prayer and ministration, Constitutions. 
and the Communicants also more conveniently, and in more number, 
may communicate with the said Minister ; and that the Ten Com- 
mandments beset up on the east end of every Church and Chapel, 
where the people may best see and read the same, and other chosen 
sentences written upon the walls of the said Churches and Chapels 
in places convenient ; and likewise that a convenient seat be made for 
the Minister to read service in. All these to be done at the charge 
of the Parish. 



83. — A Pulpit to be provided in every Church. 

The Church-wardens or Quest-men, at the common charge of the 
parishioners in every Church, shall provide a comely and decent 
pulpit, to be set in a convenient place, within the same, by the 
discretion of the Ordinary of the place, if any question do arise, and 
to be there seemly kept for the preaching of Clod's Word. 



84. — A Chest for Alms in every Church. 

The Church-wardens shall provide and have, within three months 
after the publishing of these constitutions, a strong chest, with a hole 
in the upper part thereof, to be provided at the charge of the Parish 
(if there be none such already provided) having three keys ; of which 
one shall remain in the custody of the Parson, Vicar, or Curate, and 
the other two in the custody of the Church- wardens for the time 
being : which chest they shall set and fasten in the most convenient 
place, to the intent the parishioners may put into it their alms for 
their poor neighbours. And the Parson, Vicar, or Curate shall 
diligently, from time to time, and especially when men make their 
testaments, call upon, exhort, and move their neighbours to confer 
and give, as they may well spare, to the said chest ; declaring unto 
them, that whereas heretofore they have been diligent to bestow much 
substance otherwise than God commanded, upon superstitious uses, 
now they ought at this time to be much more ready to help the poor 
and needy, knowing that to relieve the poor is a sacrifice which 
pleasethGodt and that also whatsoever is given for their comfort is 
given to Christ himself, and is so accepted of him, that he will merci- 
fully reward the same. The which alms and devotion of the people, 
the keepers of the keys shall yearly, quarterly, or oftener (as need 
requireth) take out of the chest, and distribute the same in the 
presence of most of the parish, or six of the chief of them, to be duly 
and faithfully delivered to their most poor and needy neighbours. 



48 Constitutions and Canons Ecclesiastical. [app. 

cam?ns 2 aud §5.— Churches to be kept in sufficient Reparation. 

Constitutions. m ~. , , _ 

The Church-wardens or Questmen shall take care and provide 

that the Churches be well and sufficiently repaired, and so from time 
to time kept and maintained, that the windows be well glazed, and 
that the floors be kept paved, plain, and even, and all things there in 
such an orderly and decent sort, without dust, or any thing that 
may he either noisome, or unseemly, as best becometh the House of 
God, and is prescribed in an Homily to that effect. The like care 
they shall take that the Church-yards be well and sufficiently 
repaired, fenced, and maintained with walls, rails, or pales, as have 
been in each place accustomed, at their charges unto whom by law the 
same appertaineth : but especially they shall see that in every meet- 
ing of the congregation peace be well kept ; and that all persons 
excommunicated, and so denounced, be kept out of the Church. 



86. — Churches to be surveyed, and the Decays certified 
to the high Commissioners. 

Every Dean, Dean and Chapter, Archdeacon, and others which 
have authority to hold ecclesiastical visitations by composition, law, or 
prescription, shall survey the Churches of his or their jurisdiction 
once in every three years, in his own person, or cause the same to be 
done; and shall from time to time within the said three years, certify 
the high Commissioners for causes ecclesiastical, every year, of such 
defects in any the said Churches, as he or they do find to remain 
unrepaired, and the names and surnames of the parties faulty therein. 
Upon which certificate, we desire that the said high Commissioners 
will ex officio mero send for such parties, and compel them to obey the 
just and lawful decrees of such ecclesiastical ordinaries, making 
such certificates. 



87. — A Terrier of Glebe Lands, and other Possessions 
belonging to Churches. 

We ordain, that the Archbishops, and all Bishops within their 
several dioceses shall procure (as much as in them lieth) that a true 
note and terrier of all the glebes, lands, meadows, gardens, orchards, 
houses, stocks, implements, tenements, and portions of tithes lying 
out of their parishes (which belong to anv parsonage, or vicarage, 
or rural prebend) be taken by the view of honest men in every parish, 
by the appointment of the Bishop (whereof the Minister to be one) 
and be laid up in the Bishop's registry, there to be for a perpetual 
memory thereof. 



app.] Constitutions and Canons Ecclesiastical. 49 

88. — Churches not to be profaned. „ No - 2. 

1 ° Canons and 

The Churchwardens or Questmen, and their assistants, shall C v ° Q ^ it '^ i ° 1 ^ 
suffer no plays, feasts, banquets, suppers, church-ales, drinkings, 
temporal courts, or leets, lay-juries, musters, or any other profane 
usage to be kept in the Church, Chapel, or Church-yard, neither 
the bells to be rung superstitiously upon Holy-days or Eves abrogated 
by the book of Common Prayer, nor at any other times, without good 
cause to be allowed by the Minister of the place, and by themselves. 



Churchwardens, or Questmen, and Sidemen or 

Assistants. 

89. — The Choice of Churchwardens, and their Accounts. 

All Churchwardens or Questmen in every Parish shall be chosen by 
the joint consent of the Minister, and the Parishioners, if it may be ; 
but if they cannot agree upon such a choice, then the Minister shall 
choose one, and the Parishioners, another : and without such joint 
or several choice none shall take upon them to be Churchwardens: 
neither shall they continue any longer than one year, in that office, 
except perhaps they be chosen again in like manner. And all Church- 
wardens at the end of their year, or within a month after at the most, 
shall before the Minister and the Parishioners give up a just account 
of such money as they have received, and also what particularly 
they have bestowed in reparations, and otherwise, for the use of the 
Church. And last of all, going out of their office, they shall truly 
deliver up to the Parishioners whatsoever money or other things of 
right belonging to the Church or Parish, which remaineth in their 
hands, that it may be delivered over by them to the next Church- 
wardens by bill indented. 



90. — The Choice of Sidemen, and their joint Office with 
Churchwardens. 

The Churchwardens or Questmen of every Parish, and two of 
three or more discreet persons in every Parish, to be chosen for Side- 
men or Assistants by the Minister and Parishioners, if they can 
agree (otherwise to be appointed by the Ordinary of the diocese) shall 
diligently see that all the Parishioners duly resort to their Church 
upon all Sundays and Holy-days, and there continue the whole time of 
Divine Service ; and none to walk or stand idle or talking in the 
Church, or in the Church-yard, or the Church-porch, during that 
time. And all such as shall be found slack or negligent in resorting 
to the Church (having no great or urgent cause of absence) they shall 
earnestly call upon them ; and after due monition (if they amend 

h 



50 Constitutions and Canons Ecclesiastical. [a pp. 

No. 2. not) they shall present them to the Ordinary of the place. The 

Constitutions. cnoice of which persons, viz. Churchwardens or Questmen, Sidemen 
or Assistants, shall be yearly made in Easter-week. 



Parish-Clerks. 
91. — Parish-Clerks to be chosen by the Minister. 

No Parish-Clerk upon any vacation shall be chosen within the 
City of London, or elsewhere within the Province of Canterbury, but 
by the Parson or Vicar ; or where there is no Parson or Vicar, by the 
Minister of that place for the time being: which choice shall be signified 
by the said Minister, Vicar, or Parson, to the parishioners the next Sun- 
day following, in the time of Divine Service. And the said Clerk shall 
be of twenty years of age at the least, and known to the said Parson, 
Vicar, or Minister to be of honest conversation, and sufficient for his 
reading, writing, and also for his competent skill in singing, if it may 
be. And the said Clerks so chosen, shall have and receive their ancient 
wages, without fraud or diminution, either at the hands of the 
Churchwardens, at such time as hath been accustomed, or by their 
own collection, according to the most ancient custom of every Parish. 

Ecclesiastical Courts belonging to the Archbishop's 
Jurisdiction. 

92. — None to be cited into divers Courts for Probate of 
the same Will. 

Forasmuch as many heretofore have been by Apparitors both of 
inferior Courts, and of the Courts of the Archbishop's Prerogative, 
much distracted, and diversely called and summoned for Probate of 
wills, or to take administrations of the goods of persons dying 
intestate, and are thereby vexed and grieved with many causeless and 
unnecessary troubles, molestations, and expences ; we constitute and 
appoint, that all Chancellors, Commissaries, or Officials, or any other 
exercising ecclesiastical jurisdiction whatsoever, shall at the first 
charge with an oath all persons called or voluntarily appearing 
before them for the Probate of any will, or the Administration of any 
goods, whether they know, or (moved by any special inducement) do 
firmly believe, that the party deceased, whose testament or goods, 
depend now in question, had at the time of his or her death, any 
goods or good debts in any other diocese or dioceses, or peculiar juris- 
diction within that province, than in that wherein the said party died, 
amounting to the value of five pounds. And if the said person cited, 
or voluntarily appearing before him, shall upon his oath affirm, that 
he knoweth, or (as aforesaid) firmly believeth, that the said party 
deceased had goods or good debts in any other diocese or dioceses # 



a pp.] Constitutions and Canons Ecclesiastical. 51 

or peculiar jurisdiction within the said province, to the value afore- No. 2. 
said, and particularly specify and declare the same ; then shall he constitutions, 
presently dismiss him, not presuming to intermeddle with the Probate 
of the said will, or to grant Administration of the goods of the party 
so dying intestate; neither shall he require or exact any other charges 
of the said parties, more than such only as are due for the citation, 
and other process had and used against the said parties, upon their 
further contumacy ; but shall openly and plainly declare and profess, 
that the said cause belongeth to the Prerogative of the Archbishop of 
the province ; willing and admonishing the party to prove the said 
will, or require administration of the said goods in the Court of 
the said Prerogative, and to exhibit before him, the said Judge, the 
Probate or Administration under the seal of the Prerogative, within 
forty days next following. And if any Chancellor, Commissary, 
"Official, or other exercising ecclesiastical jurisdiction whatsoever, or 
any their Register, shall offend herein, let him be ipso facto suspended 
from the execution of his office, not to be absolved or released, until 
he have restored to the party all expences by him laid out contrary to 
the tenor of the premisses ; and every such Probate of any testament, 
or Administration of goods so granted, shall be held void and frustrate 
to all effects of the law whatsoever. 

Furthermore, we charge and enjoin, that the Register of every 
inferior Judge, do without all difficulty or delay, certify and inform the 
Apparitor of the Prerogative Court, repairing unto him once a 
month, and no oftener, what executors or administrators have been by 
his said Judge, for the incompetency of his own jurisdiction, dismissed 
to the said Prerogative Court within the month next before, under 
pain of a month's suspension from the exercise of his office for every 
default therein. Provided, that this Canon, or any thing herein 
contained, be not prejudicial to any composition between the 
Archbishop and any Bishop or other Ordinary, nor to any in- 
ferior Judge that shall grant any Probate of testament, or Admi- 
nistration of goods, to any party that shall voluntarily desire it, both 
out of the said inferior Court, and also out of the Prerogative. Pro- 
vided likewise, that if any man die in itinere, the goods that he hath 
about him at that present, shall not cause his testament or adminis- 
ration to be liable unto the Prerogative Court. 



93 # — The Rate of Bona, notabilia liable to the Prero- 
gative Court. 

Furthermore, we decree and ordain, that no Judge of the 
Archbishop's Prerogative shall henceforward cite, or cause to be 
cited, ex officio, any person whatsoever to any of the aforesaid intents, 
unless he have knowledge that the party deceased was at the . time 



52 Constitutions and Canons Ecclesiastical. [a pp. 

No. 2. of his death possessed of goods and chattels in some other diocese or 
Canons and j. . . . 

Constitutions. dioceses, or peculiar jurisdiction within that province, than in that 

wherein he died, amounting to the value of five pounds at the least; 
decreeing and declaring, that whoso hath not goods in divers dioceses 
to the said sum or value, shall not be accounted to have bona notabi- 
lia. Always provided, that this clause, here and in the former con- 
stitution mentioned, shall not prejudice those dioceses, whereby 
composition or custom bona notabilia are rated at a greater sum. 
And if any Judge of the Prerogative Court, or any his surrogate, or 
his register or apparitor, shall cite, or cause any person to be cited 
into his Court, contrary to the tenor of the premisses, he shall restore 
to the party so cited all his costs and charges, and the acts and pro- 
ceedings in that behalf shall be held void and frustrate. Which 
expences, if the said Judge, or Register, or Apparitor, shall refuse 
accordingly to pay, he shall be suspended from the exercise of his 
office, until he yield to the performance thereof. 



94. — None to be cited into the Arches or Audience, but 
Dwellers within the Archbishop's Diocese, or Peculiars. 

No Dean of the Arches, nor official of the Archbishop's consistory, 
nor any Judge of the audience, shall henceforward, in his own name, 
or in the name of the archbishop, either ex officio, or at the instance of 
any party, originally cite, summon, or any way compel, or procure to be 
cited, summoned, or compelled, any person which dwelleth not with- 
in the particular diocese or peculiar of the said Archbishop, to appear 
before him or any of them, for any cause or matter whatsoever 
belonging to ecclesiastical cognizance, without the licence of the 
Diocesan first had and obtained in that behalf, other than in such par- 
ticular cases only, as are expressly excepted and reserved in and by a 
statute anno 23 H. $,cap. 9. And if any of the said Judges shall 
offend herein, he shall for every such offence be suspended from the 
exercise of his office, for the space of three whole months. 



95. — The Restraint of double Quarrels. 

Albeit by former constitutions of the Church of England, every 
Bishop hath had two months space to enquire and inform himself of 
the sufficiency and qualities of every Minister, after he hath been 
presented unto him to be instituted into any benefice ; yet for the 
avoiding of some inconveniencies, we do now abridge and reduce the 
said two months unto eight and twenty days only. In respect of 
which abridgement we do ordain and appoint, that no double quarrel 
shall hereafter be granted out of any of the Archbishop's Courts at 
the suit of any Minister whosoever, except he shall first take his per- 
sonal oath, that thesaid eight and twenty days at the least are expired, 



a pp.] Constitutions and Canons Ecclesiastical. 53 

after he first tendered his presentation to the Bishop, and that he No. 2. 
. ..... . . lt . , , . x . Canons and 

refused to grant him in ? titution thereupon; or shall enter bonds with Constitutions. 

sufficient sureties to prove the same to be true; under pain of suspen- 
sion of the granter thereof from the execution of his office for half a 
year toties quoties (to be denounced by the said Archbishop) and 
nullity of the double quarrel aforesaid, so unduly procured, to all 
intents and purposes whatsoever. Always provided, that within the 
said eight and twenty davs the Bishop shall not institute any other to 
the prejudice of the said party before presented, sub poena nullitaiis. 

96. — Inhibitions not to be granted without the subscription 
of an Advocate. 

That the jurisdictions of Bishops may be preserved (as near as 
may be) entire and free from prejudice, and that for the behoof of the 
subjects of this land better provision be made, that henceforward 
they be not grieved with frivolous and wrongful suits and molesta- 
tions: it is ordained and provided, that no inhibition shall be granted 
out of any Court belonging to the Archbishop of Canterbury at the 
instance of any party, unless it be subscribed by an Advocate practising 
in the said Court ; which the said Advocate shall do freely, not taking 
any fee for the same, except the party prosecuting the suit do volun- 
tarily bestow some gratuity upon him for his counsel and advice in 
the said cause. The like course shall be used in granting forth any 
inhibition, at the instance of any party, by the Bishop or his Chan- 
cellor, against the Archdeacon, or any other person exercising ecclesi- 
astical jurisdiction : and if in the Court of Consistory of any Bishop 
there be no Advocate at all, then shall the subscription of a Proctor 
practising in the same Court be held sufficient. 



97. — Inhibitions not to be granted, until the Appeal be 
exhibited to the Judge. 

It is further ordered and decreed, that henceforward no inhibition 
be granted by occasion of any interlocutory decree, or in any cause of 
correction whatsoever, except under the form aforesaid : and more- 
over, that before the going out of any such inhibition, the appeal itself, 
or a copy thereof (avouched by oath to be just and true) be exhibited to 
the Judge, or his lawful surrogate, whereby he may be fully informed, 
both of the quality of the crime, and of the cause of the grievance, 
before the granting forth of the said inhibition. And every appellant, 
or his lawful Proctor, shall, before the obtaining of any such inhibi- 
tion, shew and exhibit to the Judge, or his surrogate, in writing, a true 
copy of those acts wherewith he complaineth himself to be aggrieved, 
and from which he appealeth, or shall take a corporal oath, that he 
hath performed his diligence and true endeavour for the obtaining of 



54 Constitutions and Canons Ecclesiastical. [apjp. 

No. 2. the same, and could not obtain it at the hands of the Register in the 
Canons and . ' . . . ° 

Constitutions, country, or his deputy, tendering him his fee. And if any Judge or 

Register shall either procure or permit any inhibition to be sealed, so 
as is said, contrary to the form and limitation above specified, let him 
be suspended from the execution of his office for the space of three 
months: if any Proctor, or other person whatsoever by his appoint- 
ment, shall offend in any of the premisses, either by making or send- 
ing out any inhibition, contrary to the tenor of the said premisses, let 
him be removed from the exercise of his office for the space of a 
whole year, without hope of release or restoring. 



98. — Inhibitions not to be granted to factious Appellants, 
unless they first subscribe. 

Forasmuch as they who break the laws, cannot in reason claim 
any benefit or protection by the same ; we decree and appoint, that 
after any Judge ecclesiastical hath proceeded judicially against 
obstinate and factious persons, and contemners of ceremonies, for not 
observing the rites and orders of the Church of England, or for con- 
tempt of publick prayer, no Judge, ad qaem, shall admit or allow any his 
or their appeals, unless, he having first seen the original appeal, the 
party appellant do first personally promise and avow, that he will 
faithfully keep and observe all the rites and ceremonies of the Church 
of England, as also the prescript form of Common Prayer ; and do 
likewise subscribe to the three Articles formerly by us specified and 
declared. 



99 — None to marry within the Degrees prohibited. 

No person shall marry within the degree prohibited by the laws of 
God, and expressed in a table set forth by authority in the year of 
our Lord God 1563. And all marriages so made and contracted shall 
be adjudged incestuous, and unlawful, and consequently shall be 
dissolved as void from the beginning, and the parties so married, shall 
by course of law be separated. And the aforesaid table shall be in 
every Church publickly set up and fixed at the charge of the Parish. 



100. — None to marry under 21 Years, without their 
Parents consent. 

No children under the age of one and twenty years complete, shall 
contract themselves, or marry, without the consent of their parents, 
or of their guardians and governors, if their parents be deceased. 



app.] Constitutions and Canons Ecclesiastical. 55 



101. — By whom Licences to marry without Banns shall No. 2. 

be granted, and to what sort of Persons. Constitutions. 

No faculty or licence shall be henceforth granted for solemnization 
of matrimony betwixt any parties, without thrice open publication of 
the banns, according to the Book of Common Prayer, by any person 
exercising any ecclesiastical jurisdiction, or claiming any privileges 
in the right of their Churches ; but the same shall be granted only 
by such as have episcopal authority, or the Commissary for faculties, 
Vicars-General of the Archbishops and Bishops, sede plena or, sede 
vacante, the guardian of the spiritualities, or ordinaries exercising of 
right episcopal jurisdiction in their several jurisdictions respectively, 
and unto such persons only, as be of good state and quality, and that 
upon good caution and security taken. 



102. — Security to be taken at the grayiting of such Licences, 
and under what conditions. 

The security mentioned shall contain these conditions; first, that 
at the time of the granting every such licence, there is not any impe- 
diment of precontract, consanguinity, affinity, or other lawful cause to 
hinder the said marriage. Secondly, that there is not any contro- 
versy or suit depending in any Court before any ecclesiastical Judge, 
touching any contract or marriage of either of the said parties with 
any other. Thirdly, that they have obtained thereunto the express 
consent of their parents (if they be living) or otherwise of their guar- 
dians or governors. Lastly, that they shall celebrate the said 
matrimony publickly in the Parish Church or Chapel where one of 
them dwelleth, and in no other place, and that between the hours of 
eight and twelve in the forenoon. 



103. — Oaths to be taken for the conditions. 

For the avoiding of all fraud and collusion in the obtaining of such 
licences and dispensations, we further constitute and appoint, that 
before any licence for the celebration of matrimony without publica- 
tion of banns be had or granted, it shall appear to the Judge by the 
oaths of two sufficient witnesses, one of them to be known either to 
the Judge himself, or to some other person of good reputation then 
present, and known likewise to the said Judge, that the express con- 
sent of the parents, or parent, if one be dead, or guardians of the 
parties, is thereunto had and obtained. And furthermore, that one of 
the parties personally swear, that he believeth there is no lett or 
impediment of precontract, kindred, or alliance, or of any other 
lawful cause whatsoever, nor any suit commenced in any ecclesiastical 



56 Constitutions and Canons Ecclesiastical. [app. 

Cain's and Court > t0 bar or binder the proceeding of the said matrimony, 
Constitutions, according; to the tenor of the foresaid licence. 



104.-- An Exception for those that are in Widowhood. 

If both the parties which are to marry being in widowhood, do 
seek a faculty for the forbearing of banns, then the clauses before* 
mentioned, requiring the parents consents, may be omitted; but the 
parishes where they dwell, both shall be expressed in the licence, as 
also the parish named where the marriage shall be celebrated. And 
if any Commissary for faculties, Vicars-General, or other the said 
Ordinaries shall offend in the premisses, or any part thereof, he shall, 
for every time so offending, be suspended from the execution of his 
office for the space of six months; and every such licence or dispen- 
sation shall be held void to all effects and purposes, as if there never 
had been any such granted ; and the parties marrying by virtue 
thereof, shall be subject to the punishments which are appointed for 
clandestine marriages. 

105. — No Sentence for Divorce to be given upon the sole 
Confesssion of the Parties. 

Forasmuch as matrimonial causes have been always reckoned 
and reputed among the weightiest, and therefore require the greater, 
caution, when they come to be handled and debated in judgment, 
especially in causes wherein matrimony have been in the Church duly 
solemnized, is required, upon any suggestion or pretext whatsoever, 
to be dissolved or annulled: we do straitly charge and enjoin, that in 
all proceedings to divorce, and nullities of matrimony, good circum- 
spection and advice be used, and that the truth may (as far as is 
possible) be sifted out by the deposition of witnesses, and other 
lawful proofs and evictions; and that credit be not given to the sole 
confession of the parties themselves, howsoever taken upon oath, 
either within or without the Court. 



106.— No Sentence for Divorce to be given but in open 

Court. 

No sentence shall be given either for separation a thoro et mensa, 
or for annulling of pretended matrimony, but in open Court, and in the 
seat of justice ; and that with the knowledge and consent either of 
the Archbishop within his province, or of the Bishop within his diocese, 
or of the Dean of the Arches, the Judge of the Audience of Canterbury, 
or of the Vicars-General, or other principal officials, or, sede vacante, 
of the guardians of the spiritualities, or other ordinaries to whom of 
right it appertaineth, in their several jurisdictions and courts, and 
concerning them only that are then dwelling under their jurisdictions. 



a pp.] Constitutions and Canons Ecclesiastical. 57 

107. — In all Sentences for Divorce, Bonds to be taken n°- 2 - - 

. J , . i i - t 'i> Canons and 

j or not marrying during each other s Lije. constitutions. 

In all sentences pronounced only for Divorce and Separation a thora 
et mensa, there shall be a caution and restraint inserted in the act of 
the said sentence, that the parties so separated, shall live chastely 
and continently; neither shall they, during each other's life, contract 
matrimony with any other person, and for the better observation of 
this last clause, the said sentence of divorce shall not be pronounced, 
until the party or parties requiring the same, have given good and 
sufficient caution and security into the Court, that they will not any 
way break or transgress the said restraint or prohibition. 

108. — The Penalty of Judges offending in the premisses. 

And if any Judge, giving sentence of Divorce or Separation, shall 
not fully keep and observe the premisses, he shall be, by the Arch- 
bishop of the province, or by the Bishop of the diocese, suspended 
from the exercise of his office for the space of a whole year ; and the 
sentence of separation, so given contrary to the form aforesaid, shall 
be held void to all intents and purposes of the law, as if it had not at 
all been given or pronounced. 



Ecclesiastical Courts belonging to the jurisdiction of 
Bishops and Archdeacons and the proceedings in 
them. 

109.- — Notorious Crimes and Scandals, to be certified into 
Ecclesiastical Courts by Presentment. 

If any offend their brethren, either by adultery, whoredom, incest, 
er drunkenness, or by swearing, ribaldry, usury and other un- 
cleanness, and wickedness of life, the Churchwardens, or Quest- 
men, and Sidemen, in their next presentments to their Ordinaries, 
shall faithfully present all and every of the said offenders, to the 
intent that they, and every of them may be punished by the severity 
of the laws, according to their deserts; and such notorious offenders 
shall not be admitted to the holy Communion, till they be reformed. 



1 10. — Schismatics to be presented. 

If the Churchwardens, or Questmen, or Assistants do or shall know 
any man within their Parish, or elsewhere, that is a hinderer of the 
word of God to be read or sincerely preached, or of the execution of 
these our constitutions, or a Fautor of any usurped or foreign power, 
by the laws of this realm justly rejected and taken away, or a defender 



53 Constitutions and Canons Ecclesiastical. [a pj>* 

Canon 2 d ° f P°P ish anc * erroneous doctrine; they shall detect and present the 
Constitutions, same to the Bishop of the diocese, or Ordinary of the place, to be 
censured and punished according to such ecclesiastical laws as are 
prescribed in that behalf. 



111. — Disturbers of Divine Service to be presented. 

In all visitations of Bishops and Archdeacons, the Church- 
wardens, or Questmen, and Sidemen, shall truly and personally, 
present the names of those which behave themselves rudely and 
disorderly in the Church, or which by untimely ringing of bells, by 
walking, talking, or other noise, shall hinder the Minister or 
Preacher. 



1 12. — Non-Communicants at Easter to be presented. 

The Minister, Churchwardens, Questmen, and Assistants of every 
Parish Church, and Chapel, shall yearly, within forty days after 
Easter, exhibit to the Bishop or his Chancellor, the names and 
surnames of all the Parishioners, as well men as women, which being 
of the age of sixteen years, received not the Communion at Easter 
before. 



1 13. — -Ministers may not present. 

Because it often cometh to pass, that the Churchwardens, Side- 
men, Questmen, and such other persons of the Laity, as are to take 
care for the suppressing of sin and wickedness in their several 
parishes, as much as in them lieth, by admonition, reprehension, and 
denunciation to their Ordinaries, do forbear to discharge their duties 
therein, either through fear of their superiors, or through negligence 
more than were fit, the licentiousness of these times considered; we 
ordain, that hereafter any Parson or Vicar, or in the lawful absence 
of any Parson or Vicar, then their Curates and substitutes may join in 
every presentment with the said Churchwardens, Sidemen, and the rest 
abovementioned, at the times hereafter limited, if they the said 
Churchwardens and the rest will present such enormities as are ap- 
parent in the parish ; or if they will not, then every such Parson and 
Vicar, or in their absence, as aforesaid, their Curates, may themselves 
present to their Ordinaries at such times, and when else they think it 
meet, all such crimes as they have in charge, or otherwise, as by them 
being) the persons that should have the chief care for the suppressing 
of sin and impiety in their parishes) shall be thought to require due L 
reformation. Provided always, that if any man confess his secret 
and hidden sins to the Minister, for the unburdening of his conscience, 
and te. receive spiritual consolation and ease ofmindfroin. him; we. 



atvJ] Constitutions and Canons Ecclesiastical. 59 

do not any way bind the said Minister by this our constitution, but No. 2. 
do straitly charge and admonish him, that he do not at any time re- Constitutions, 
veal and make known to any person whatsoever, any crime or offence 
so committed to his trust and secrecy (except they be such crimes, as 
by the laws of this realm his own life may be called into question fot 
concealing the same) under pain of irregularity. 






114. — Ministers shall present Recusants. 

Every Parson, Vicar, or Curate shall carefully inform themselves 
every year hereafter, how many Popish Recusants, Men, Women and 
Children, above the age of thirteen years, and how many being po- 
pishly given (who though they come to the Church, yet do refuse to 
receive the Communion) are inhabitants, or make their abode, either 
as sojourners, or common guests, in any of their several parishes, 
and shall set down their true names in writing (if they can learn 
them) or otherwise such names as for the time they carry, distin- 
guishing the absolute recusants from half recusants; and the same, 
so far as they know or believe, so distinguished and set down under 
their hands, shall truly present to their Ordinaries before the Feast 
of the Nativity next ensuing, under pain of suspension to be inflicted 
upon them by their said Ordinaries; and so every year hereafter, 
upon the like pain, before the Feast of St. John Baptist. Also we 
ordain, That all such Ordinaries, Chancellors, Commissaries, Archdea- 
cons, officials, and all other ecclesiastical officers, to whom the said 
presentments shall be exhibited, shall likewise within one month after 
the receipt of the same, under pain of suspension by the Bishop from 
the execution of their offices for the space of half a year, as often as 
they shall offend therein, deliver them, or cause to be delivered to the 
Bishop respectively; who shall also exhibit them to the Archbishop 
within six weeks, and the Archbishop to his Majesty within other six 
weeks, after he hath received the said presentments. 



115.— Ministers and Churchwar dens not to be sued for 
presenting. 

Whereas for the reformation of criminal persons and disorders- 
in every parish, the Churchwardens, Questmen, Sidemen, and such- 
other church officers are sworn, and the Minister charged to present 
as well the crimes and disorders committed by the said criminous 
persons, as also the common fame which is spread abroad of them, 
whereby they are maligned, and sometimes troubled by the said delin- 
quents, or their friends; we do admonish and exhort all Judges, both 
ecclesiastical and temporal, as they regard and reverence the fearful 
judgement-seat of the Highest Judge, that they admit not in any of 



®Q Constitutions and Canons Ecclesiastical. [a pp. 

No- 2 ; their courts any complaint, plea, suit, or suits against any such 
Constitutions. Churchwardens, Questmen, Sidemen, or other church officers, for 
making any such presentments, nor against any Minister for any pre- 
sentment that he shall make ; all the said presentments tending to the 
restraint of shameless impiety, and considering, that the rules both 
of charity and government do presume, that they did nothing therein 
of malice, but for the discharge of their consciences. 



116. — Churchwardens not bound to present oftener than 
twice a year. 

No Churchwardens, Questmen, or Sidemen of any parish shall be 
enforced to exhibit their presentments to any having ecclesiastical 
jurisdiction, above once in every year, where it hath been no oftener 
used, nor above twice in any diocese whatsoever, except it be at the 
Bishop's visitation. For the which presentments of every Parish 
Church or Chapel, the register of any court, where they are to be ex- 
hibited shall not receive in one jear above four pence, under pain for 
every offence therein, of suspension from the execution of his office 
for the space of a month, toties, quoties. Provided always, that as 
good occasion shall require, it shall be lawful for every Minister, 
Churchwardens, and Sidemen to present offenders as oft as they shall 
think meet; and likewise for any godly disposed person, or for any 
ecclesiastical Judge, upon knowledge or notice given unto him or 
them of any enormous crime within his jurisdiction, to move the 
Minister, Churchwardens, or Sidemen, as they tender the glory of 
God, and the reformation of sin, to present the same if they shall find 
sufficient cause to induce them thereunto, that it may be in due time 
punished and reformed. Provided, that for these voluntary present- 
ments there be no fee required or taken of them, under the pain 
aforesaid. 



117. — Churchwardens not to be troubled/or not pre- 
senting oftener than twice a Year. 

No Churchwardens, Questmen, cr Sidemen shall be called or cited, 
but only at the said time or times before limited, to appear before any 
ecclesiastical Judge whosoever, for refusing at other times to present 
any faults committed in their parishes, and punishable by eccle- 
siastical laws. Neither shall they, nor any of them, after their present- 
ments exhibited at any of those times, be any further troubled for the 
same, except upon manifest and evident proof, it may appear, that 
they did then willingly and wittingly omit to present some such pub- 
lick crime or crimes as they knew to be committed, or could not be 
ignorant that there was then a publick fame of them; or unless 



a£p.] Constitutions and Canons Ecclesiastical. 61 

there be very just cause to call them for the explanation of their for- No. 2. 
mer presentments. In which case of wilful omission, their Ordina- Constitutions, 
ries shall proceed against them in such sort, as in causes of wilful 
perjury in a Court ecclesiastical it is already by law provided. 



1 1 8. — The old Churchwardens to make their Presentments 
before the new be sworn. 

The office of all Churchwardens and Sidemen shall be reputed 
ever hereafter to continue until the new Churchwardens that shall 
succeed them be sworn, which shall be the first week after Easter, or 
some week following, according to the direction of the Ordinary. 
Which time so appointed, shall always be one of the two times in 
every year, when the Minister, and Churchwardens, and Sidemen of 
every parish shall exhibit to their several Ordinaries the presentments 
of such enormities as have happened in their parishes since their 
last presentments. And this duty they shall perform, before the 
newly chosen Churchwardens and Sidemen be sworn, and shall not 
be suffered to pass over the said presentments to those that are newly 
come into office, and are by intendment ignorant of such crimes; 
under pain of those censures which are appointed for the reformation 
of such dalliers and dispensers with their own consciences and oaths. 



119. — Convenient time to be assigned for framing 
presentments. 

For the avoiding of such inconveniences as heretofore have hap- 
pened by the hasty making of bills of presentments upon the days of 
the visitation and synods, it is ordered, that always hereafter every 
Chancellor, Archdeacon, Commissary and Official, and every other 
person having ecclesiastical jurisdiction, at the ordinary time when 
the Churchwardens are sworn ; and the Archbishop and Bishops, 
when he or they do summon their visitation, shall deliver, or cause 
to be delivered to the Churchwardens, Questmen, and Sidemen of 
every parish, or to some of them, such books of articles, as they or 
any of the.n shall require, for the year following, the said Church- 
wardens, Questmen, and Sidemen to ground their presentments upon, 
at such times as they are to exhibit them. In which book shall be 
contained the form of the oath, which must be taken immediately 
before every such presentment; to the intent that having beforehand 
time sufficient, not only to peruse and consider what their said oath 
shall be, but the articles also whereupon they are to ground their 
presentments, they may frame them at home both advised and truly, 
to the discharge of their own consciences, after they are sworn, as 
becometh honest and godly men. 



®% Constitutions and Canon* Ecclesiastical [apf. 

Ca^nssnd 120.— None to be cited into ecclesiastical Courts by 

Constitutions. process of quorum nomina. 

No Bishop, Chancellor, Archdeacon, Official, or other ecclesiastical 
Judge, shall suffer any general processes of quorum nomina to be 
sent out of his Court; except the names of all such as thereby are to 
be cited, shall be first expressly entered by the hand of the Register, 
or his deputy, under the said processes, and the said processes and 
names be first subscribed by the Judge, or his deputy, and his seal 
thereto affixed* 



•121. — None to be cited into several Courts for one crime. 

In places where the Bishop and Archdeacon, do by prescription 
or composition visit at several times in one and the same year, lest for 
one and the self-same fault any of his Majesty's subjects should be 
challenged and molested in divers ecclesiastical Courts; we order 
and appoint, that every Archdeacon, or his Official, within one month 
after the visitation ended that year, and the presentments received, 
shall certify under his hand and seal to the Bishop, or his Chancellor, 
the names and crimes of all such as are detected and presented in 
his said visitation, to the end the Chancellor shall thenceforth forbear 
to convent any person for any crime or cause so detected or presented 
to the Archdeacon. And the Chancellor within the like time after 
the Bishop's visitation ended, and presentments received, shall under 
his hand and seal signify to the Archdeacon, or his Official, the 
names and crimes of all such persons which shall be directed or pre- 
sented unto him in that visitation, to the same intent as is aforesaid. 
And if these officers shall not certify each other, as is here prescribed, 
or after such certificate shall intermeddle with the crimes or persons 
detected and presented in each other's visitation ; then every of them 
so offending, shall be suspended from all exercise of his jurisdiction 
by the Bishop of the diocese, until he shall repay the costs and ex- 
pences which the parties grieved have been at by that vexation. 



122. — No Sentence of Deprivation or Deposition to be 
pronounced against a Minister, but by the Bishop. 

When any Minister is complained of in any ecclesiastical Court 
belonging to any Bishop of his province, for any crime, the Chan- 
cellor, Commissary, Official, or any other having ecclesiastical 
jurisdiction, to whom it shall appertain, shall expedite the cause by 
processes and other proceedings against him: and upon contumacy, 
for not appearing, shall first suspend him ; and afterward, his con- 
tumacy continuing, excommunicate him. But if he appear, and 



app.] Constitutions and Canons Ecclesiastical. 63 

submit himself to the course of law, then the matter being ready No. 2. 
for sentence, and the merits of his offence exacting by law either Constitutions. 
deprivation from his living, or deposition from the Ministry, no such 
sentence shall be pronounced by any person whosoever, but only by 
the Bishop, with the assistance of his Chancellor, the Dean (if they 
may be conveniently had) and some of the Prebendaries, if the Court 
be kept near the Cathedral Church, or of the Archdeacon, if he may 
be had conveniently, and two other at the least grave Ministers and 
Preachers, to be called by the Bishop, when the Court is kept in 
other places. 



123. — No act to be sped but in open Court. 

No Chancellor, Commissary, Archdeacon, Official, or any other 
person using ecclesiastical jurisdiction whosoever, shall speed any 
judicial act, either of contentious or voluntary jurisdiction, except he 
have the ordinary Register of that Court, or his lawful deputy : or 
if he or they will not, or cannot be present, then such persons, as by 
law are allowed in that behalf to right or speed the same* under pain 
of suspension ipso facto. 



124. — No Court to have more than one seal. 

No Chancellor, Commissary, Archdeacon, Official, or any other 
exercising ecclesiastical jurisdiction, shall without the Bishop's con- 
sent have any more seals than one for the sealing of all matters in- 
cident to his office : which seal shall always be kept either by himself, 
or by his lawful substitute exercising jurisdiction for him, and re- 
maining within the jurisdiction of the said Judge, or in the city or 
principal town of the county. This seal shall contain the title of 
that jurisdiction, which every of the said Judges or their deputies do 
txecute. 



125. — Convenient Places to be chosen for the keeping of 

Courts. 

^ll Chancellors, Commissaries, Archdeacons, Officials, and all 
other exercising ecclesiastical jurisdiction, shall appoint such meet 
places for the keeping, of their Courts, by the. assignment. or appro- 
bation of the Bishop : of the diocese, as shall be, convenient for 
entertainment of those that are to make their appearance there, 
and most indifferent for their travel. And likewise they shall keep 
and end their Courts in such convenient . time, as every man may 
return homewards in as due season as may be. 



64 Constitutions and Canons Ecclesiastical. [app. 



i*v.—~ Peculiar and inferior Courts to exhibit the original 
Copies of Wills into the Bishovs Registry. 



No. 2 126> . 

inons and 

Constitutions. Copies of Wills into the Bishop s Registry. 

Whereas Deans, Archdeacons, Prebendaries, Parsons, Vicars, and 
others, exercising ecclesiastical jurisdiction, claim liberty to prove 
last wills and testaments of persons deceased within their several 
jurisdictions, having no known or certain registers, nor publick place 
to keep their records in; by reason whereof many wills, rights and 
legacies, upon the death or change of such persons, and their pri- 
vate notaries, miscarry and cannot be found, to the great prejudice of 
his Majesty's subjects; we therefore order and enjoin, that all such 
possessors and exercisers of peculiar jurisdiction shall once in every 
year exhibit into the pnblick registry of the Bishop of the diocese, or 
of the Dean and Chapter, under whose jurisdiction the said peculiars 
are, every original testament of every person in that time deceased, and 
by them proved in their several peculiar jurisdictions, or a true copy of 
every such testament, examined, subscribed and sealed by the pecu- 
liar Judge and his Notary, otherwise, if any of them fail so to do, the 
Bishop of the diocese, or Dean and Chapter, unto whom the said 
jurisdictions do respectively belong, shall suspend the said parties, 
and every of them, from the exercise of all such peculiar jurisdiction, 
until they have performed this our constitution. 



Judges Ecclesiastical, and their Surrogates. 
127. — The Quality and Oath of Judges. 

No man shall hereafter be admitted a Chancellor, Commissary, or 
Official, to exercise any ecclesiastical jurisdiction, except he be of the 
full age of six and twenty years at the least, and one that is learned 
in the civil and ecclesiastical laws, and is at the least a Master 
of Arts, or Batchelor of Law, and is reasonably well practised in the 
course thereof, as likewise well affected, and zealously bent to reli- 
gion, touching whose life and manners no evil example is had; and 
except before he enter into or execute any such office, he shall take 
the oath of the King's supremacy in the presence of the Bishop, or 
in the open Court, and shall subscribe to the Articles of religion 
agreed upon in the convocation in the year one thousand five hundred 
sixty and two, and shall also swear that he will, to the uttermost of 
his understanding, deal uprightly and justly in his office, without 
respect or favour of reward; the said oaths and subscription to be 
recorded by a Register then present. And likewise, all Chancellors, 
Commissaries, Officials, Registers, and all other that do now possess ' 
or execute any places of ecclesiastical jurisdiction, or service, shall 
before Christmas next, in the presence of the Archbishop, or Bishop, 



app.] Constitutions otnd Canons Ecclesiastical. 65 

or in open Court, under whom or where they exercise their offices No. 2. 
take the same oaths, and subscribe, as before is said; or, upon refusal Constitutions, 
so to do, shall be suspended from the execution of their offices until 
they shall take the said oaths, and subscribe as aforesaid. 



128. — The Quality of Surrogates. 

No Chancellor, Commissary, Archdeacon, Official, or any other 
person using ecclesiastical jurisdiction, shall at any time substitute in 
their absence any to keep any Court for them, except he be either a 
grave Minister and a Graduate, or a licensed publick preacher, and a 
beneficed man, near the place where the Courts are kept, or a Batche- 
lor of Law, or a Master of Arts at least, who hath some skill in the 
civil and ecclesiastical law, and is a favourer of true religion, and a 
man of modest and honest conversation: under pain of suspension, 
for every time that they offend therein, from the execution of their 
offices, for the space of three months, toties quoties. And he like- 
wise that is deputed, being not qualified as is before expressed, and 
yet shall presume to be a substitute to any Judge, and shall keep any 
Court, as is aforesaid, shall undergo the same censure, in manner and 
form as is before expressed. 



Proctors. 



129. — Proctors not to retain Causes without the lawful 
Assignment of the Parties. 

None shall procure in any cause whatsoever, unless he be there- 
unto constituted and appointed by the party himself, either before the 
Judge, and by act in Court, or unless, in the beginning of the suit, he 
be by a true and sufficient proxy thereunto warranted and enabled. 
We call that proxy sufficient, which is strengthened and confirmed by 
some authentical seal, the party's approbation, or at least his ratifica- 
tion wherewithal concurring. All which proxies shall be forthwith 
by the said Proctors exhibited into the Court, and be safely kept and 
preserved by the Register in the publick registry of the said Court. 
And if any Register or Proctor shall offend herein, he shall be 
secluded from the exercise of his office, for the space of two months, 
without hope of release or restoring. 



130. — Proctors not to retain Causes without the Counsel 
of an Advocate. 

For lessening and abridging the multitude of suits and conten- 
tions, as also for preventing the complaints of suitors in Courts eccle- 
siastical, who many times are overthrown by the oversight and negli- 

k 



66 Constitutions and Canons Ecclesiastical. [a pp. 

No. 2. gence, or by the ignorance and insufficiency of Proctors : and likewise 
Canons and ,. _ , J 

Constitutions. tor tne furtherance and increase of learning, and the advancement 

of civil and canon law, following the laudable customs heretofore 

observed in the Courts pertaining to the Archbishop of Canterbury ; 

we will and ordain, that no Proctor exercising in any of them, shall 

entertain any cause whatsoever, and keep and retain the same for 

two Court days, without the counsel and advice of an advocate, 

under pain of a year's suspension from his practice ; neither shall the 

Judge have power to release or mitigate the said penalty, without 

express mandate and authority from the Archbishop aforesaid. 

131. — Proctors not to conclude in any Cause without the 
knowledge of an Advocate. 

No Judge in any of the said Courts of the Archbishop shall admit 
any libel, or any other matter, without the advice of an Advocate 
admitted to practise in the same Court, or without his subscription ; 
neither shall any Proctor conclude any cause depending, without the 
knowledge of the Advocate retained and feed in the cause : which 
if any Proctor shall do, or procure to be done, or shall by any colour 
whatsoever defraud the Advocate of his duty or fee, or shall be negli- 
gent in repairing to the Advocate, and requiring his advice what 
course is to be taken in the cause, he shall be suspended from all 
practice for the space of six months, without hope of being thereunto 
restored before the said term be fully complete. 



132. — Proctors prohibited the Oath In animam 
domini sui. 

Forasmuch as in the probate of testaments and suits for ad- 
ministration of the goods of persons dying intestate, the oath 
usually taken by Proctors of Courts, In animam constituentis, is found 
to be inconvenient: we do therefore decree and ordain, That every 
executor, or suitor for administration, shall personally repair to the 
Judge in that behalf, or his Surrogate, and in his own person (and not 
by Proctor, take the oath accustomed in these cases. But if by 
reason of sickness, or age, or any other just lett or impediment) he 
be not able to make his personal appearance before the Judge, it shall 
be lawful for the Judge (there being faith first made by a credible 
person, of the truth of his said hindrance or impediment) to grant a 
commission to some grave ecclesiastical person, abiding near the 
party aforesaid, whereby he shall give power and authority to the 
said ecclesiastical person, in his Stead, to minister the accustomed 
oath above mentioned to the executor, or suitor for such administra- 
tion, requiring his said substitute, that by a faithful and trusty mes- 
senger he certify the said Judge truly and faithfully what he harh done 
therein. Lastly, we ordain and appoint, That no Judge or Register 



a p p.] Constitutions and Canons Ecclesiastical, 87 

shall in any wise receive for the writing, drawing, or sealing of any No. 2. 
such commission, above the sum of six shillings and eight pence; constUuUons ' 
whereof one moiety to be for the Judge, and the other for the Regis- 
ter of the said Court. 



133, — Proctors not. to be, clamorous in Court. 

Forasmuch as it is found by experience, that the loud and con- 
fused cries and clamours of Proctors in the Courts of the Archbishop, 
are not only troublesome and offensive to the Judges and Advocates, 
but also give occasion to the standers by, of contempt and calumny 
toward the Court itself; that more respect may be had to the dignity 
of the Judge, than heretofore, and that causes may more easily and 
commodiously be handled and dispatched, we charge and enjoin, That 
all Proctors in the said Courts do especially intend, that the acts be 
faithfully entered and set down by the Register, according to the ad- 
vice and direction of the Advocate ; that the said Proctors refrain loud 
speech and babbling, and behave themselves quietly and. modestly: 
and that when either the Judges or Advocates, or any of them shall 
happen to speak, they presently be silent, upon pain of silencing for 
two whole terms, then immediately following every such offence of 
their's. And if any of them shall the second time offend herein, and 
after due monition shall not reform himself, let him be for ever re- 
moved from his practice, 



Registers. 
K34. — Abuses to be reformed in Registers ± 

If any Register, or his Deputy or substitute whatsoever, shall receive 
any certificate without the knowledge and consent of the Judge of 
the Court, or willingly omit to cause any person cited to appear upon 
any Court day, to be called; or unduly put off, and deter the exami- 
nation of witnesses to be examined by a day set and assigned by the 
said Judge ; or do not obey and observe the judicial and lawful moni- 
tion of the said Judge ; or omit to write, or cause to be written such 
citations and degrees as are to be put in execution, and set forth' 
before the next Court-day; or shall not cause all testaments exhi- 
bited into his oflice, to be registered within a convenient time ; or shall 
set down or enact, as decreed by the Judge, any thing false, or con- 
ceited by himself, and not so ordered or decreed by the Judge ; or, in 
the transmission of processes to the Judge ad quern, shall add or 
insert any falsehood or untruth, or omit any thing therein, either by. 
cunning, or by gross negligence; or in causes of instance, or pro- 
moted of office, shall receive any reward in favour of either party; 
or be of counsel directly or indirectly with either of the parties in 
suit; or in the execution of their office shall do aught else malici- 



68 Constitutions and Canons Ecclesiastical. [app» 

No. 2. ously, or fraudulently, whereby the said Ecclesiastical Judge, or his 
Constitutions. P rocee dings, may be slandered or defamed ; We will and ordain, that 
v^-v-^/ the said Register, or his deputy or substitute, offending in all or any 
of the premises, shall by the Bishop of the diocese be suspended 
from the exercise of his office for the space of one, two, or three 
months, or more, according to the quality of his offence; and that 
the said Bishop shall assign some other publick Notary to execute and 
discharge all things pertaining to his office, during the time of his, 
said suspension. 



135.— A certain Rate of Fees due to all Ecclesiastical 
Officers. 

No Bishop, Suffragan, Chancellor, Commissary, Archdeacon, Offi- 
cial, nor any other exercising ecclesiastical jurisdiction whatsoever, 
nor any Register of any ecclesiastical courts, nor any Minister 
belonging to any of the said officers or courts, shall hereafter, for any 
cause incident to their several offices, take or receive any other or 
greater fees, than such as were certified to the most Reverend Father 
in God, John late Archbishop of Canterbury , in the year of our 
Lord God one thousand five hundred ninety and seven, and were by 
him ratified and approved ; under pain, that every such Judge, Officer,, 
or Minister offending herein, shall be suspended from the exercise of 
their several offices for the space of six months, for every such 
offence. Always provided, that if any question shall arise concerning 
the certainty of the said fees, or any of them, then those fees shall 
be held for lawful, which the Archbishop of Canterbury for the time 
being shall under his hand approve, except the statutes of this 
realm before made do in any particular case express some other fees 
to be due. Provided, furthermore, That no fee or money shall be 
received either by the Archbishop, or any Bishop, or Suffragan either 
directly or indirectly, for admitting of any into sacred orders ; nor 
that any other person, or persons under the said Archbishop, Bishop, 
or Suffragan, shall, for parchment, writing, wax, sealing, or any 
other respect thereunto appertaining, take above ten shillings, under 
such pains as are already by law prescribed. 



Id6.— -A Table of the Rates and Fees to be set up in 
Courts and Registries. 

We do likewise constitute and appoint, that the Registers belonging 
to every such Ecclesiastical Judge, shall place two tables, containing 
the several rates and sums of all the said fees; one in the usual 
place or consistory where the Court is kept, and the other in his 
Registry ; and both of them in such sort, as every man, whom it con- 
cerneth, may without difficulty come to the view and perusal thereof, 



app.] Constitutions and Canons Ecclesiastical. 69 

and take a copy of them: the same tables to be set up before the No. 2. 
feast of the nativity next ensuing. And if any Register shall fail to Constitutions, 
place the said tables according to the tenor hereof, he shall be sus- 
pended from the execution of his office, until he cause the same to 
be accordingly done: and the said tables being once set up, if he 
shall at any time remove or suffer the same to be removed, hidden, or 
any way hindered from sight, contrary to the true meaning of this 
constitution, he shall for every such offence be suspended from the 
exercise of his office for the space of six months, 

137. — The whole Fees for shewing Letter of Orders, and 
other Licenses, due but once in every Bishops time. 

Forasmuch as the chief and principal cause and use of visitation 
is, that the Bishop, Archdeacon, or other assigned to visit, may get 
some good knowledge of the state, sufficiency and ability of the 
Clergy, and other persons whom they are to visit; we think it con- 
venient, That every Parson, Vicar, Curate, Schoolmaster, or other 
person licensed whosoever, do at the Bishop's first visitation, or at the 
next visitation after his admission, shew and exhibit unto him his letters 
of orders, institution, and induction, and all other his dispensations, 
licenses or faculties whatsoever, to be by the said Bishop, either 
allowed, or (if there be just cause) disallowed and rejected; and 
being by him approved, to be as the custom is, signed by the Re- 
gister; and that the whole fees accustomed to be paid in the visita- 
tions in respect of the premises, to be paid only once in the whole 
time of every Bishop, and afterwards but half of the said accustomed 
fees in every other visitation, during the said Bishop's continuance. 

Apparitors. 

138. — The Number of Apparitors restrained. 

Forasmuch as we are desirous to redress such abuses and ag- 
grievances as are said to grow by Somners or Apparitors, we think it 
meet that the multitude of apparitors, be (as much as is possible) 
abridged or restrained: wherefore we decree and ordain, that no 
Bishop, or Archdeacon, or their Vicars, or Officials, or other inferior 
Ordinaries, shall depute or have more Apparitors to serve in theirjurisdic- 
tions respective, than either they or their predecessors were accustomed 
to have thirty years before the publishing of these our present consti- 
tutions. All which apparitors shall by themselves faithfully execute 
their offices ; neither shall they by any colour or pretence whatso- 
ever, cause or suffer their mandates to be executed by any messen- 
gers or substitutes, unless it be upon some good cause to be first 
known and approved by the Ordinary of the place. Moreover, they 
shall not take upon them the office of promoters or informers for the 



^ Constitutions and Canons Ecclesiastical. [a pp.. 

No. 2. Court, neither shall they exact more or greater fees than are in these 
Canons and . -» D 

Constitutions. our constitutions formerly prescribed. And if either the number of 

the apparitors deputed shall exceed the aforesaid limitation, or any 
of the said apparitors shall offend in any of the premises ; the 
persons deputing them, if they be Bishops, shall, upon admonition of 
their superior, discharge the persons exceeding the number so limited; 
if inferior ordinaries, they shall be suspended from the execution of 
their office* until they have dismissed the apparitors by them so 
deputed; and the parties themselves so deputed, shall for ever be r 
removed from the office of apparitors ; and if, being so removed, 
they desist not from the exercise of their said offices, let them be- 
punished by ecclesiastical censures, as persons contumacious. Pro- 
vided, that if upon experience the number of the said apparitors be 
too great in any diocese in the judgement of the Archbishop of Can- 
terbury for the time being, they shall by him be so abridged, as he. 
shall think meet and convenient. 



Authority of Synods. 
139. — A National Synod the Church Representative. 

Whosoever shall hereafter affirm, that the sacred synod of this- 
nation, in the name of Christ, and by the King's authority assem- 
bled, is not the true Church of England by representation; let him, 
be excommunicated, and not restored until he repent, and publickly 
revoke that his wicked error. 



140. — Synods conclude as well the absent as the present. 

Whosoever shall affirm, that no manner of person, either of the 
Clergy or Laity, not being themselves particularly assembled in the 
said sacFed synod, are to be subject to the decrees thereof in causes 
ecclesiastical (made and ratified by the King's Majesty's supreme 
authority) as not having given their voices unto them; let him be 
excommunicated, and not restored until he repent, and publickly 
revoke that his wicked error. 

141 . — Depravers of the Synod, censured. 

Whosoever shall hereafter affirm, that the sacred synod assem- 
bled as aforesaid, was a company of such persons as did conspire 
together against godly and religious Professors of the Gospel ; and 
that therefore both they, and their proceeding in making of Canons 
and Constitutions in causes ecclesiastical by the King's authority, 
as aforesaid, ought to be despised and contemned, the same being 
ratified, confirmed, and enjoined by the said regal power, supre- 
macy, and authority; let them be excommunicated, and not restored,, 
until they repent, and publickly revoke that their wicked error. 



app.] Constitutions and Canons Ecclesiastical. 71 

We of Our princely inclination and royal care for the main- No. 2. 
tenance of the present estate and government of the Church of Constitutions. 
England, by the laws of this Our realm now settled and esta- 
blished, having diligently with great contentment and comfort, read 
and considered of all these their said Canons, Orders, Ordinances, 
and Constitutions, agreed upon, as is before expressed ; and finding 
the same such as we are persuaded will be very profitable, not only 
to our Clergy, but to the whole Church, of this Our kingdom, and to 
all the true members of it, if they be well observed ; have therefore 
for Us, Our Heirs, and Lawful Successors, of Our special grace, certain 
knowledge, and mere motion, given, and by these presents do give 
Our royal assent, according to the form of the said statute or act of 
Parliament aforesaid, to all and every of the said Canons, Orders, 
Ordinances, and Constitutions, and to all and every thing in them 
contained, as they are before written. 

And furthermore, We do not only by Our said prerogative royal, 
and supreme authority in causes ecclesiastical, ratify, confirm, and 
establish, by these o-ur letters patents, the said Canons, Orders, Or- 
dinances, and Constitutions, and all and every thing in them con- 
tained, as is aforesaid ; but do likewise propound, publish, and 
straightway enjoin and command by Our said authority, and by these 
our letters patents, the same to be diligently observed, executed, and 
equally kept by all Our loving subjects of this Our kingdom, both within 
the provinces of Canterbury and York, in all points wherein they do 
or may concern every or any of them, according to this Our will and 
pleasure hereby signified and expressed : and that likewise, for the bet- 
ter observation of them, every Minister, by what name or title soever 
he be called, shall, in the Parish Church or Chapel where he hath 
charge, read all the said Canons, Orders, Ordinances, and Constitu- 
tions, once every year, upon some Sundays or holy-days, in the after- 
noon, before divine service, dividing the same in such sort, as that 
the one half may be read one day, and the other another day. The 
book of the said Canons to be provided at the charge of the parish, 
betwixt this and the feast of the nativity of our Lord God next ensu- 
ing : straitly charging and commanding all Archbishops, Bishops, 
and all other that exercise any ecclesiastical jurisdiction within this 
realm, every man in his place, to see, and procure (so much as in 
them lieth) all and every of the same Canons, Orders, Ordinances, 
and Constitutions, to be in all points duly observed; not sparing to 
execute the penalties in them severally mentioned, upon any that shall 
wittingly or wilfully break or neglect to observe the same, as they ten- 
der the honour of God, the peace of the Church, the tranquillity of the 
Kingdom, and their duties and service to Us their King and Sovereign. 

In witness, &c. 



72 Constitutions and Canons Ecclesiastical. [app, 

THE TABLE 



No. 2. 

Canons and 

Constitutions. 



OF THE 

Qomtitutiom aittr tfattottg mclt$imtit&L 



Of the Church of England. 

1. THE King's Supremacy over the Church of England, in Causes 

Ecclesiastical to be maintained. 

2. Impugners of the King's Supremacy, censured. 

3. The Church of England, a true and apostolical Church. 

4. Impugners of the public Worship of God established in the 

Church of England, censured. 

5. Impugners of the Articles of Religion established in the Church 

of England, censured. 

6. Impugners of the Rites and Ceremonies established in the Church 

of England, censured. 

7. Impugners of the Government of the Church of England by 

Archbishops, Bishops, Sfc. censured. 

8. Impugners of the Form of consecrating and ordering Arch' 

bishops, Bishops, Sfc. in the Church of England, censured. 

9. Authors of Schism in the Church of England, censured. 

10. Maintainers of Schismaticks in the Church of England, cen- 

sured. 

11. Maintainers of Conventicles, censured. 

12. Maintainers of Constitutions made in Conventicles, censured. 



Of Divine Service, and Administration of the Sacra- 
ments. 

13. Due Celebration of Sundays and Holy-days. 

14. The prescript Form of Divine Service to be used on Sundays and 

Holy-days. 

15. The Littany to be read on Wednesdays and Fridays. 

16. Colleges to use the prescript Form of Divine Service. 

17. Students in Colleges to wear Surplices in time of Divine Service. 
IS. A Reverence and Attention to be used within the Church in time 

of Divine Service. 

19. Loiterers not to be suffered near the Church in time of Divine 

Service. 

20. Bread and Wine to be provided against every Communion. 

21. The Communion to be thrice a Year received. 

22. Warning to be given beforehand for the Communion. 



app.] Constitutions and Canons Ecclesiastical. 73 

23. Students in Colleges to receive the Communion four times a year. No. 2. 

24. Copes to be worn in Cathedral Churches by those that administer Constitutions. 

the Communion. 

25. Surplices and Hoods to be worn in Cathedral Churches f when 

there is no Communion. 

26. Notorious Offenders not be admitted to the Communion. 

27. Schismaticks not to be admitted to the Communion. 

28. Strangers not to be admitted to the Communion. 

29. Fathers not to be Godfathers in Baptism, and Children not Com-' 

municants. 

30. The lawful use of the Cross in Baptism explained. 



Ministers, their Ordination, Function, and Charge. 

31. Four solemn times appointed for the making of Ministers. 

32. None to be made Deacon and Minister both in one day. 

33. The Titles of such as are to be made Ministers. 

34. The Quality of such as are to be made Ministers. 

35. The Examination of such as are to be made Ministers. 

36. Subscription required of such as are to be made Ministers. 

37. Subscription before the Diocesan. 

38. Reuolters after Subscription censured. 

39. Cautions for Institution of Ministers into Benefices. 

40. An Oath against Simony at Institution into Benefices. 

41. Licenses for Plurality of Benefices, limited , and Residence en~ 

joined. 

42. Residence of Deans in their Churches. 

43. Deans and Prebendaries to preach during their Residence. 

44. Prebendaries to be resident upon their Benefices- 

45. Beneficed Preachers, being resident upon their Livings, to 

preach every Sunday. 
46 Beneficed Men, not Preachers, to procure monthly Sermons. 

47. Absence of beneficed Men to be supplied by Curates that are 

allowed Preachers. 

48. None to be Curates but allowed by the Bishop. 

49. Ministers not allowed Preachers, may not expound. 

50. Strangers not admitted to preach without shewing their License. 

51. Strangers not admitted to preach in Cathedral Churches without 

sufficient Authority. 

52. The Names of strange Preachers to be noted in a Book. 

53. No publick Opposition between Preachers. 

54. The Licenses of Preachers, refusing Conformity, to be void. 

55. The Form of a Prayer to be used by all Preachers before their 

Sermons. 

56. Preachers and Lecturers to read Divine Service, and administer 

the Sacraments twice a year at the least. 

I 



74 Constitutions and Canons Ecclesiastical. [a pp. 

Canons and ^' ^ e Sacraments not to be refused at the Hands of unpreaching 
Constitutions. Ministers. 

58. Ministers reading Divine Service, and administering the Sacra- 
ments, to wear Surplices, and Graduates therewithal Hoods. 

59. Ministers to catechise every Sunday. 

60. Confirmation to be performed once in three years. 

61. Ministers to prepare Childrenjbr Confirmation, 

62. Ministers not to marry any Persons without Banns or License* 

63. Ministers of exempt Churches not to marry vrithout Banns or 
License. 

64. Ministers solemnly to bid Holy-days. 

65. Ministers solemnly to denounce Recusants and Excommunicates. 

66. Ministers to confer with Recusants. 

67. Ministers to visit the Sick. 

68. Ministers not to refuse to Christen or Bury. 

69. Ministers not to defer Christening, if the Child be in danger. 

70. Ministers to keep a Register oj Christenings, Weddings, and 
Burials. 

71. Ministers not topreqch, or administer the Communion in Private 
Houses. 

72. Ministers not to appoint publick or private Fasts or Prophecies t 
or to exorcise but by Authority. 

73. Ministers not to hold private Conventicles 

74. Decency in Apparel enjoined to Ministers. 

15. Sober Conversation required in Ministers. 

16. Ministers at no time to forsake their calling. 



School-Masters. 

'77. None to teach School without License. 

78. Curates desirous to teach, to be licensed before others. 

79. The Duty of SchoorUmasters. 



Things appertaining to Churches. 

80. The Great Bible, and Book of Common Prayer to be kad in 
every Church. 

81. A Stone for Baptism in every Church. - ■ ■ — .' . 

82. A decent Communion Table in every Church* 

83. A Pulpit to be provided in every , Church, . 

84. A Chest for Alms in every Church. 

85. Churches to be kept in proper Reparation* 

86. Churches to be surveyed, ana 1 the. Decays certified to the high 

Commissio ners. 
87.. A Terrier of Glebe. Lands, and, other Possessions belonging to 

Churches. 
88. Churches not to be profaned. 



a pp. J Constitutions and Canons Ecclesiastical. 75 

Churchwardens, or Questmen, and S idem en or c «™ns 2 'and 

Assistants. Constitutions. 

89. The Choice of Churchwardens, and their Accounts. 

90. The Choice of Sidemen, and their joint Office with Churchwar- 

dens. 



Parish-Clerks. 

PI* Parish-Clerks to be chosen by the Minister. 

92. None to be cited into divers Courts for Probate of the same Will. 

93. The Rate o/Bona notabilia liable to the Prerogative Court. 

94. None to be cited into the Arches or Audience, but Dwellers 

within the Archbishop's Diocese, or Peculiars. 

95. The Restraint of double Quarrels* 

96. Inhibition not to be granted without the subscription of an 

Advocate. 

97. Inhibititions not to be granted,, until the Appeal be exhibited 

to the Judge. 

98. Inhibitions not to granted to factious Appellants , unless they 

first subscribe. 

99. None to marry within the Degrees prohibited. 

100. None to marry under 21 Years, without their Parents consent. 

101. By whom. Licences to marry without Banns shall be granted, 

and to what sort of Persons. 

102. Security to be taken at the granting of such Licences, and: 

under what conditions* 

103. fraths to be taken for the conditions. 

104. An Exception for those that are in Widowhood. 

105. No Sentence for Divorce to be given upon the sole Confession 

of the Parties. 

106. No Sentence for Divorce to be given but in open Court. 

107. In all Sentences for Divorce, Bonds to be taken for not marry* 

ing during each other's Life. 

108. The Penalty of Judges offending in the premisses. 

109. Notorious Crimes and Scandals, to be certified into Ecclesias- 

tical Courts by Presentment. 

110. Schismatics to be presented. 

111. Disturbers of Divine Service to be presented. 

112. Non- Communicants at Easter to be presented. 

113. Ministers may not present. 

1 14. Ministers shall present Recusants. 

1 1 5. Ministers and Churchwardens not to be sued for presenting. 

116. Churchwardens not bound to present oftener than twice a year. 

117. Churchwardens not to be troubled for not presenting oftener 

than twice a year. 

118. The old Churchwardens to make their presentments before the 
new be sworn. 



7 ° Constitutions and Canons Ecclesiastical. [a pp. 

Canons^nd ^^' Gonvenient time to be assigned for framing precedents. 
Constitutions. 120. None to he cited into Ecclesiastical Courts By process of quorum 
nomina. 

121. None to be cited into several Courts for one Crime. 

122. No Sentence of Deprivation or Deposition to Be pronounced 
against a Minister, But by the Bishop. 

123. No Act to Be sped But in open Court. 

124. No Court to have more than one seal. 

125. Convenient Places to be chosen for the keeping of Courts. 

126. Peculiar and inferior Courts to exhiBit the original Copies of 
Wills into the Bishop's Registry. 



Judges Ecclesiastical, and their Surrogates. 

127. The Quality and Oath of Judges. 

128. The Quality of Surrogates. 



Proctors. 

129. Proctors not to retain Causes without the lawful Assignment 

of the Parties. 

130. Proctors not to retain Causes without the Council of an Ad- 

vocate. 

131. Proctors not to conclude in any Cause without the knowledge 

of an Advocate. 

132. Proctors prohiBited the Oath In animam homini sui. 

133. Proctors not to be clamorous in Court. 



Registers. 

1 34. Abuses to be reformed in Registers. 

135. A certain Rate of Fees due to all Ecclesiastical Officers. 

136. A TaBle of the Rates and Fees to Be set up in Courts and Re» 

gisters. 

137. The whole Fees for shewing Letter of Orders, and other Licenses, 

due But once in every Bishop's time. 



Apparitors. 

138. The NumBer of Apparitors restrained. 



Authority of Synods. 

139. A National Synod the Church Representative. 

140. Synods conclude as well the aBsent as the present. 

141. Depravers of the Synod, censured. 



app.] Extracts from 53 Geo. 3, c. 155. 77 



EXTRACTS vJJ^JL 

FROM 

53d Geo. Ill, cap. 155. 
Intituled " an Act for continuing in the East India Com- 
" j> any for a further term, the Possession of the British 
« Territories in India, together with certain exclusive 
ts Privileges for establishing further Regulations for the 
•' Government of the said Territories, and the better 
" Administration of Justice within the same, and for 
" regulating the Trade to and from the Places within the 
" Limits of the said Company's Charter." 

(list July 1813 .) 

Sect. 49. And whereas no sufficient provision hath hitherto been 

made for the maintenance and support of a Church Establishment in 

the British Teritories in the East Indies, and other parts within the 

limits of the said Company's charter ; Be it therefore enacted, that 

i n i rr .. . !*•■¥»,-, t^ . Ifa Bishop and 

in case it shall please His Majesty by his Royal Letters Patent under three archdea- 

the great seal of the said United Kingdom to erect, found, and con s shall be 
& ° established in 

constitute, one Bishoprick for the whole of the said British Terri- India by His 

tories in the East Indies and parts aforesaid, one Archdeaconry for (^Patent 
the Presidency of Fort William in Bengal, one Archdeaconry for their salaries to 
the Presidency of Fort Saint George on the Coast of Coromandel, Company, 
and one Archdeaconry for the Presidency and Island of Bombay on 
the Coast of Malabar, and from time to time to nominate and 
appoint a Bishop and Archdeacon to such Bishopric and Archdea- 
conries respectively, the Court of Directors of the said Company 
shall and they are hereby required to direct and cause to be paid 
certain established salaries to such Bishop and Archdeacons res- 
pectively, that is to say, from and out of the revenues of the said 
Presidency of Fort William in Bengal, to the said Bishop five 
thousand pounds by the year, at an exchange of two shillings for the 
Bengal current rupee, and to the said Archdeacon of the said Presi- 
dency of Fort William two thousand pounds by the year, at the like 
exchange, and from and out of the revenues of the Presidency of Fort 
Saint George on the coast of Coromandel, to the Archdeacon of the 
said Presidency of Fort Saint George two thousand pounds by the 
year, at an exchange of eight shillings for the pagoda at Madras, and 
from and out of the revenues of the Presidency and Island of Bombay 



78 Extracts from 53 Geo. 3, c r 155. [ A pp. 

on the coast of Malabar, to the archdeacon of the said Presidency and 
Island of Bombay two thousand pounds by the year, at an exchange 
of two shillings and three pence. 
Directs salaries 50, And be li fo^M enacted, that the said salaries shall take place 

to commence and commence from and after the time at which such persons as shall 

on taking office , r 

to be in lieu of be appointed to the said offices respectively shall take upon them the 

cease when execution of their respective offices, and that all such salaries shall 

functions be in lieu of all fees of office, perquisites, emoluments, and advantages 

whatsoever, and that no fees of office, perquisites, emoluments or 

advantages whatsoever shall be accepted, received or taken in any 

manner, or on any account or pretence whatsoever, other than the 

salaries aforesaid, and that such Bishop and Archdeacons respectively 

shall be entitled to such salaries so long as they shall respectively 

exercise the functions of their several offices in the East Indies or 

parts aforesaid and no longer. 

Bishop to have 5], Provided always, and be it further enacted, that such Bishop 
no jurisdiction ■ . . .. . . . -\ 

or functions ex- shall not have or use any jurisdiction or exercise any episcopal func- 

cept such as tions whatsoever, either in the East Indies or elsewhere, but onlv such 

may be limited . ' . " 

by Letters Pa- jurisdiction and functions as shall or may from time to time be limited 

to him by His Majesty by Letters Patent under the great seal of 

the United Kingdom. 

His Majesty 52. And be it further enacted, that it shall and may be lawful fox 

Bishop by Let- ^ ls Majesty from time to time if he shall think fit, by his Letters 

ters Patent such Patent under the great seal of the said United Kingdom, to grant to 

ecclesiastical . b . . , 

jurisdiction as such Bishop so to be nominated and appointed as aforesaid, such 

he may think ecc l e siastical jurisdiction and the exercise of such episcopal functions 
necessary. J . 

within the East Indies and parts aforesaid as His Majesty shall think 

necessary, for the administering holy ceremonies and for the super- 
intendence and good government of the Ministers of the Church 
establishment within the East indies and parts aforesaid, any law, 
charter or other matter or thing to the contrary notwithstanding. 
Warrant for °^' Anc * De & further enacted, that when and as often as it shall 

Letters Patent please His Majesty to issue any Letters Patent respecting any- such. 
shrneifbyVre- Bishopric or Archdeaconry as aforesaid, or for the nomination or 
sidentof Board appointment of any person thereto, the warrant for the bill in every 
such case shall be countersigned by the President of the Board of 
Commissions for the affairs of India. 
His Majesty 54. And be it further enacted, that it shall and may be lawful 

may grant ^ j^ g jVJaiesty by warrant under the Royal sign manual, counter- 
pensions to J J J JO 
Bishops and signed by the Exchequer for the time being,, to grant to any such 

whol?avedis- Bishop and Archdeacons respectively who shall have exercised in 

charged func- the East Indies or parts aforesaid for fifteen years the office or 

for fifteen offices of Bishop or Archdeacon, or either of them, the following 

y ears * pensions, that is to say, to any such Bishop, fifteen hundred pounds 

per annum } and to any such Archdeacon a pension not exceeding eight 



app.] Extracts from 53 Geo. 3, c. 155. 79 

hundred pounds per annum; which said pension shall be paid and v _ °* -1 * 

defrayed quarterly by the said Company, and shall be deemed and 

taken as part of the political charges of the said Company. 

89. And whereas by a certain act passed in the thirteenth year of Court of Di- 

His present Majesty's reign, intituled " an act for establishing certain rectors requir- 
1 J J & » ° ed to pay and 

" regulations for the better management of the affairs of the East advance 

" India Company as well inlndia as in Europe," it is enacted, that the t^B^p ^ 8 ' 
salaries of the Governor General and Council of Fort William and of Archdeacons 
the Chief Justice and Judges of the Supreme Court of Judicature at ^^pen"^ of 
Fort William in Bengal, shall take place and commence, in respect equipment and 
to all such persons who shall be resident in Great Britain at the time ° ' 
of their appointment, upon and from the day on which such persons 
shall embark from Great Britain, and that the salaries of all such 
persons who shall at the time of their appointment be resident in 
India shall commence from and after their respectively taking upon 
them the execution of their offices; and whereas, by an act passed in 
the fortieth year of His Majesty's reign, intituled, " an act for esta- 
blishing further regulations for the Government of the British Territo- 
ries in India, and the better administration of justice within the same," 
a similar provision is made in respect to the salaries of the Chief 
Justice and Judges of the Supreme Court of Judicature at Madras, 
and whereas by an act passed in the thirty-seventh year of His 
Majesty's reign, intituled, " an act for the better administration of 
" justice at Calcutta, Madras and Bombay, and for preventing British c 79 e 37' 
" subjects from being concerned inloans to the native princes in India," 
a similar provision is made in respect to the salary of the Recorder of 
the Court of Judicature at Bombay, and whereas no such provision has 
been made respecting the commencement of the salaries of the 
Governor or Council of Fort Saint George, or of the Governor or 
Council of the Town and Island of Bombay, or of the Governor of 
Prince of Wales's Island, or of the Recorder there, and whereas it is 
expedient that a general and moderate provision should be made in 
respect of all the said offices, and of others who may happen to be in 
the United Kingdom at th-e time of their appointments. Be it there- 
fore further enacted, that so much of the said acts of the thirteenth, 
thirty-seventh, and fortieth years of His Majesty's reign, as relates to 
the commencement of salaries, shall be and the same is hereby, repeal- 
ed : and that from and after the passing of this act, the salaries of the 
several officers hereinbefore mentioned shall commence from and 
after their respectively taking upon them the execution of their offices, 
and the said Court of Directors shall and they are hereby required to 
pay and advance to all and singular the officers and persons herein- 
after mentioned, who shall be resident in the United Kingdom at the 
time of their equipments and voyage, such sums of money as are set 
against the names of such officers- and persons respectively : that is 
to say, 



80 



Extracts from 4 Geo. 4, c. 71 



[avp, 



No. 3. 



£. 

To the Governor General of Fort William in Bengal . . . , 5000 

To each of the Members of Council there 1200 

To the Commander-in-Chief of all the Forces in India.. 2500 
To the Chief Justice of the Supreme Court at Fort 

William., , 1500 

To each of the Puisne Judges there 1000 

To the Governor of Fort Saint George 3000 

To each of the Members of Council there 1 000 

To the Commander-in-Chief there 2000 

To the Chief Justice of the Supreme Court 1200 

To each of the Puisne Judges there 1000 

To the Governor of Bombay . . , 2500 

To each of the Members of Council there 1000 

To the Commander-in-Chief there 1500 

To the Recorder there 1 000 

To the Governor of Prince of Wales's Island , 1200 

To the Recorder there 1000 

To the Bishop 1200 

To each of the Archdeacons 500 



EXTRACTS 

FROM 

4th Geo. IV, cap. 71. 



$54. 



No. 4. Sect. 2. And whereas by the said act of the fifty-third year of the 

^ ~\<~ "^ reign of His said late Majesty King George the Third, provision was 
' made for granting certain pensions to the Bishop of Calcutta, and the 
Archdeacons of Calcutta, Madras, and Bombay respectively, who 
should have exercised in the East Indies or parts in the said act men- 
tioned, for fifteen years, the office or offices of Bishop or Archdeacons ; 
and it is expedient to shorten the period during which such Bishops 
and Archdeacons respectively are required to hbld their said offices 
before such pensions should be granted to them respectively, and 
to make other provisions respecting such pensions ; Be it enacted, 
that so much of the said act as relates to such pensions shall be and 
the same is hereby repealed. 

3. And be it further enacted, that it shall and may be lawful for 
His Majesty, his heirs and successors, in manner 
act mentioned, to grant to any such Bishop 

in the East Indies or parts aforesaid, for ten years, the office of 
Bishop or Archdeacon, and to any such Archdeacon who shall have 



Repealed. 



Pensions to 
Bishop and 
Archdeacons 



in the said 
who shall have exercised 



atp.] Extracts from 4 Geo. 4, c. 71. 81 

exercised in the East Indies or parts aforesaid, for ten years,, the No. 4. 
office of Archdeacon, pensions not exceeding such sums respectively v ^*v - ^ >/ 
as His Majesty by the said act of the fifty-third of the reign of His 
late Majesty is empowered to grant to any such Bishop or Arch- 
deacon. 

4. Provided also, and be it further enacted, that if any person Chaplains ap- 

residincr any time in the East Indies or parts aforesaid, as one of the P° ,nted Arch- 
P J r deacons to be 

Chaplains of the said United Company, shall have been or shall be entitled to pen- 
appointed to the office of such Archdeacon as aforesaid, and shall tiJnyroporttoB 
have resided in the East Indies or parts aforesaid as such Archdeacon 
seven years, the period of residence of such person as Chaplain shall 
be allowed and taken as and for a residence as such Archdeacon in 
the proportion of three years residence as such Chaplain to two years 

residence as such Archdeacon ; provided also, that nothing; herein „ , 

' r ' & Further provi- 

contained shall extend or be construed to extend to prejudice the sion as to 
right of any person being or having been a Chaplain of the said ap ams " 
United Company, to any benefit he may be entitled to under or by 
virtue of any regulation now in force or hereafter to be made by the 
said United Company or their Court of Directors, nor to prejudice or 
affect the right of the said United Company or their Court of Directors, 
to make, repeal, vary, or alter any regulation or regulations respecting 
the Chaplains of the said United Company, or the pay or allowances, 
pensions, or retirements, of such Chaplains, which the said United 
Company or their Court of Directors, may now lawfully make, repeal, 
vary or alter. 

5. And whereas it is proper that a suitable house of residence Residence and 
should be provided for the said Bishop, and that the expences of his stations of V1 " 
visitations should be defrayed by the said Company ; Be it therefore Bishop to be 
further enacted, that it shall and may be lawful for the said Company, Company/ 
and they are hereby required, to provide a suitable house at Calcutta 

for the residence of the said Bishop ; and that the expence of the 
visitations to be made by the said Bishop from time to time shall be 
defrayed by the said Company, out of the revenues of the British 
Territories in India: provided always, that no greater sum on account Proviso, 
of providing such house, or of such visitations, be at any time 
issued, than shall from time to time be defined and settled by the 
Court of Directors of the said Company with the approbation of the 
Commissioners for the affairs of India, any law or statute to the 
contrary notwithstanding. 

6. And whereas doubts have arisen whether the Bishop of Bishop of Cal- 
Calcutta, in conferring holy orders, is subject to the several provi- £Jj^ t ™JJ ons 
sions and limitations established by the laws of this realm or canons to holy orders, 
ecclesiastical, as to the titles of the persons to be ordained, and as to 

the oaths and subscriptions to be by such persons taken and 
made ; Be it further declared and enacted, that it shall and may be 



82 



Letters Patent, 54 Geo. 3. 



[app. 



No. 4. lawful for the Bishop of Calcutta for the time being to admit into the 
holy orders of Deacon and Priest respectively, any person whom he 
shall, upon examination, deem duly qualified, especially for the 
purpose of taking upon himself the cure of souls or officiating in 
any spiritual capacity within the limits of the said diocese of 
Calcutta and residing therein; and that a declaration of such pur- 
pose, and a written engagement to perform the same, under the hand 
of such person, being deposited in the hands of such Bishop, shall 
be held to be a sufficient title with a view to such ordination, and that 
in every such case, it shall be distinctly stated in the letters of ordination 
of every person so admitted to holy orders, that he has been ordained 
for the cure of souls within the limits of the said diocese of Calcutta only ; 
and that unless such person shall be a British -subject of or belonging to 
the United Kingdom of Great Britain and Ireland, he shall not be re- 
quired to take and make the oaths and subscriptions which persons 
Proviso for 53 ordained in England are required to take and raa^e: provided always, 
arid for 'Letter tnatnctnm ? herein contained shall be construed to repeal or affect the 
Patent. provisions of an act passed in the fifty-third year of the reign of his 

late Majesty King George the Third, intituled, " An act for continu- 
ing in the East India Company, for a further term, the possession 
" of the British Territories in India, together with certain exclusive 
" privileges ; for establishing further regulations for the government 
" of the said territories, and the better administration of justice 
" within the same; and for regulating the trade to and from the 
" places within the limits of the said Company's chaxter, or any 
" Letters Patent issued i>y his late Majesty, or by his present 
" Majesty, their heirs and successors, in virtue of the said act or of 
** their lawful prerogative." 



No. 5. 



LETTERS PATENT 
2nd May, a. d. 1814, 54 Geo. 3, 



Letters Patent <Jeorge the Ttird ' b y the %™ c * of God of the United Kingdom of 

dated 2nd of Great Britain and Ireland, King, Defender of the Faith, To all to 

1814, 54 Geo. 3. wn0[n these presents shall come greeting. 

Preamble. Whereas the doctrine and discipline of the United Church of 

England and Ireland are professed and observed by a consj^rablB 
part of our loving subjects resident within our territories under the 
government of the United Company of Merchants of England trading 
to the East Indies. 



a^p.] Letters Patent, 54 Geo. 3. 83 

And whereas no sufficient provision has been made for the supply No. 5. 
of persons duly ordained to officiate as Ministers of the United ^*" v_ *~ 
Church of England and Ireland, within the said territories, and our 
aforesaid subjects are deprived of some offices prescribed by the 
liturgy and usage of the Church aforesaid, for want of a Bishop 
residing within the same. 

For remedy of the aforesaid inconveniences and defects We have The British 

determined to erect the aforesaid territories into a Bishop's see, and to be a see t0 

We do by these presents erect, found, ordain, make, and constitute the [ \e called 

• j r, . . , , the Bishopric 

said British territories in the East Indies to be a Bishops see, and to f Calcutta. 

be called from henceforth the Bishopric of Calcutta. 

And to the end that this our intention may be carried into due T. F. Middle- 
effect, We having great confidence in the learning, morals, and probity af)po inted' 
of our well beloved Thomas Fanshaw Middleton, Doctor in Divi- Bishop, 
nity, do name and appoint him to be Bishop of the said see of Calcutta, 
so that the said Thomas Fanshaw Middleton shall be and be taken to 
be Bishop of the Bishop's see of Calcutta, and may by virtue of this 
our nomination and appointment enter into and possess the said 

Bishop's see as the Bishop thereof, without any let or impediment of Subject to re- 

i • , . . , , - vocation and 

us, our neirs or successors; subject nevertheless to the power of resignation. 

revocation and to the right of resignation hereinafter more particu- 
larly expressed. 

Moreover We will and ordain by these presents, that the Bishop of The Bishop 
the said see of Calcutta, and his successors, shall be subject and *°b£7A!?ihe 
subordinate to the archiepiscopal see of the province of Canterbury, province and 
and to the most Reverend Father in God, Charles Lord Archbishop Canterbury. 
of Canterbury, primate of all England, and metropolitan, and his 
successors, in the same manner, as any Bishop of any see within the 
Province of Canterbury in our kingdom of England is under the 
authority of the aforesaid archiepiscopal see of Canterbury and the 
Archbishop thereof; save and except in the matter of appeals from 
judgments, decrees, and sentences pronounced by the Bishop of Cal- m atter ofan- 
cutta or his successors, or by his or their Commissaries, which We peals, 
will shall not be made to the said Archbishqp or to his Courts, but 
shall be made to Commissioners appointed by us or our successors 
in manner hereinafter set forth. 

And to the end that all the matters and things herein prescribed Signification 
may have their due effect* We do hereby signify to the Most Reverend ^f r i e , of u° the 
Father in God, Charles Lord Archbishop of Canterbury, primate of 
all England and metropolitan that We have erected and founded the 
aforesaid episcopal see of Calcutta, and have named and preferred 
our beloved Thomas Fanshaw Middleton, Doctor in Divinity, to the 
said Bishopric, and have appointed him the Bishop and ordinary 
Pastor thereof, requiring, and by the faith and love whereby he is 
bound unto us, commanding him, to consecrate the aforesaid Thomas 
Fanshaw Middleton, Bishop of Calcutta,. in manner accustomed, and 



84 Letters Patent, 54 Geo. 3. [apf. 

No. 5. diligently to do and perform all other things appertaining to his 

^ B * v- ^" / office in this behalf with effect. 

The Bishop to And We do by these presents give and grant to the said Thomas 

ordain and Fanshaw Middleton and his successors, Bishops of Calcutta, full 

confirm, and » r 

to perform power and authority, to confer the orders of Deacon and Priest ; 

tions'ofV" 110 " t0 connnn tnose tlia ^ are baptised and come to years of discretion; 

Bishop within and to perform all other functions peculiar and appropriated to the 

office of Bishop within the limits of the said see, but not elsewhere ; 

such Bishop and his successors having been first duly ordained or 

consecrated Bishops according to the form prescribed by the liturgy 

And also by f the church of England; and also by himself and themselves 

him or his . 

commissary to ©* by his or their Commissary or Commissaries to exercise jurisdiction, 

SonVph-i! s P iritu al and ecclesiastical, in and throughout the said see and diocese 

tualand eccle- according to the ecclesiastical laws of our realm of England, which 

irfthe^everal are ^ aw ^ u "y made and received in England in the several causes and 

causes sped- matters hereinafter in these presents expressed and specified and no 
fied. ►, i r i 

other. 

Declaration And for a declaration of our Royal will concerning the special causes 

juSSnto 6 and matters in which We will that the aforesaid jurisdiction shall be 
be exercised. exercised, We have further given and granted, and do by these presents 
give and grant to the aforesaid Bishop and his successors, full power 
and authority by himself and themselves, or by his or their Commis- 
sary or Commissaries by him or them to be thereunto specially 
To grant Hcen- authorized, to grant licences to officiate to all Ministers and Chaplains 
ces to officiate. f a jj t ^ e Churches or Chapels or other places within the said diocese 
wherein divine service shall be celebrated according to the rites and 
liturgy of the Church of England ; and to visit all such Ministers 
To visit. and Chaplains and all Priests and Deacons in holy orders, of the 

United Church of England and Ireland, resident in their said diocese, 
with all and all manner of jurisdiction, power and coercion ecclesias- 
tical that may be requisite in the premises, as also to call before him 
or them or before his or their Commissary or Commissaries at such 
competent days, hours and places whatsoever, when and so often as 
to him or them shall seem meet and convenient, the aforesaid Minis- 
ters, Chaplains, Priests or Deacons in holy orders of the United 
Church of England and Ireland, or any of them, and to enquire by 
witnesses to be sworn in due form of law, and by all other lawful ways 
and means by which the same may be best and most effectually done, 
as well concerning their morals as their behaviour in their said offices 
and stations respectively. 
To administer And We do hereby authorize and empower the said Bishop and his 
successors, and his and their Commissary and Commissaries to 
administer all such oaths as are accustomed and by law may be 
administered, according to the ecclesiastical laws of our realm o^ 
England. 




app.] Letters Patent, 54 Geo. 3. 

And to punish and correct the aforesaid Chaplains, Ministers, 

Priests, and Deacons in holy orders, of the United Church of Eng- To punish and 
, , , . ■ , • i , , t correct by de- 
land and Ireland, according to their demerits, whether by deprivation, privation, bus- 

suspension, or other such ecclesiastical censure or correction as they pension or 

i • • i i o -j otherwise, 

would be liable to according to the ecclesiastical laws aforesaid. 

And for the accomplishment of our intention and for aiding the said His Majesty 

Bishop of Calcutta according to the laws and customs of the United archdeaconry 

Church of England and Ireland, in the due and canonical superin- °f Calcutta. 

tendance of ecclesiastical persons and affairs, We do hereby erect, 

found and constitute one archdeaconry in and over the presidency of 

Fort William in Bengal, to be styled the archdeaconry of Calcutta. 

And one other archdeaconry in and over the presidency of Fort The archdea- 

St. George on the coast of Coromandel, to be styled the archdeaconry Madras 

of Madras. 

And also one other archdeaconry in and over the presidency and The archdea- 

. Isiand of Bombay on the coast of Malabar, to be styled the archdea- n 0m T°f 

conry of Bombay. 

All such archdeaconries to be subject and subordinate to the said Subject to the 

Bishop of Calcutta. BlsUop# 

And to the end that this our intention may be carried into due effect, h. L. Loring, 

We having great confidence in the learning, morals, probity and pru- A - M * A * cu - 

dence of our beloved Henry Lloyd Loring, Master of Arts; John Caleutta. 

Mousley, Master of Arts, and George Barnes, Master of Arts, do J. Mousley, A. 

name and appoint him the said Henry Lloyd Loring to be Archdeacon f Madras. 

of the archdeaconry of Calcutta, and him the said John Mousley to be G - Barnes, A. 

.... „ _. . , , . , . , -. M. Archdeacon 

Archdeacon of the archdeaconry or Madras, and him the said George f Bombay. 

Barnes to be Archdeacon of the archdeaconry of Bombay, so that they 

the said Henry Lloyd Loring. John Mousley, and George Barnes, shall 

be and be taken to be Archdeacons of the archdeaconries respectively, 

and may by virtue of this our nomination and appointment severally 

enter into and possess the said offices of Archdeacon within the said Sul) J e F l t0 r ®- 
r vocation and 

archdeaconries respectively; subject nevertheless to the powers of right of resig- 

revocation or resignation hereinafter more particularly expressed. 

And We do hereby signify to the said Thomas Fanshaw Middleton, Appointments 

whom We have by these presents named to be Bishop of Calcutta, that S?" fied t0 the 

3 r r Bishop. 

We have nominated the said Henry Lloyd Loring, John Mousley, and 

George Barnes, to be Archdeacons of Calcutta, Madras, and Bombay 

respectively, requiring him the said Thomas Fanshaw Middleton to 

institute the said Henry Lloyd Loring, John Mousley, and George And to insti- 

Barnes respectively, to the said Archdeaconries to which we have tute * 

appointed them, and to do all things appertaining to his office in this 

behalf with effect. 

And for a declaration of our Royal will, in regard to the duties Declaration in 

and functions to be exercised by the said Archeacons and their duties and 

successors, We do hereby declare that each of the said Archdeacons f " nct ' ons of 

Arcnde&coiiSj 



86 Letters "Patent, 54 Geo. 3. [app. 

No. 5. shall within his archdeaconry be assisting to the Bishop of Cal- 

v- ^"V"^ p/ cutta in the exercise of such episcopal jurisdiction and functions 

as we have hereby been pleased to limit to the said Bishop, 

according to the duty of an Archdeacon by the ecclesiastical laws of 

our Realm of England. 

Archdeacons, And We do hereby further will, ordain, and declare, that each of the 

Commissaries sa ^ Archdeacons shall within the archdeaconry be and be taken to 

to the Bishop, . J 

according to be, without further appointment, the Commissary of the said Bishop 

the duty o anc j ^ successors, and shall exercise jurisdiction in all matters 

Commissaries ' J 

in England. aforesaid according to the duty and functions of a Commissary by the 

said ecclesiastical laws. 

Power to the And it is our further will, and We do hereby further give and grant 

Bishop to col- t the said Bishop of Calcutta and his successors, the right of collating: 
late to the arch- . r ° to 

deaconries. to the said offices of archdeacons in all times to come, after the death 

or other avoidance of Henry Lloyd Loring, John Mousley, and George 

Barnes, whom we have severally by these presents appointed to be first 

Archdeacons of Calcutta, Madras, and Bombay, any Priest being one 

of the Chaplains of the said United Company resident in India. 

During the va- And We will, that during a vacancy of the said see by the demise of 

cancy of the t ^ e ga ^ T^^op or hj s successors, or otherwise, the episcopal jurisdic- 
see, episcopal r _ _ r * J 

functions to be tion and functions appertaining to the said see shall be exercised as 
earned on. ^ ag bylaw t ^ e y ma y, by the Archdeacon of Calcutta for the time 
being, or in case of a vacancy of the said archdeaconry, then by the 
Archdeacon of Madras, or the Archdeacon of Bombay, or by twa 
Clergymen of the Church of England resident within the diocese, 
as may be directed by the Governor General in Council of Fori 
William. 
During a va- And We do further direct, that during the vacancy of either of the 
fancy of the said archdeaconries respectively, and until the Bishop shall collate 
thereto, or otherwise provide for the performance of the duties thereof, 
such duties shall be performed by one of the Chaplains of the said 
Presidency, and if there be no Chaplain there, then by some discreet 
Minister in Priests orders of the Church of England, who shall 
be nominated as the case may be, for that purpose by the respective 
Governors in Council of the Presidency in which such vacancy shall 
happen. 
The Court of And moreover We command and by these presents, for Us, our heirs 

Directors, Go- an( j successors do strictly enjoin as well the Court of Directors of the 

vernors, Offi- ; *\ 

cers, Judges, said United Company and their Governors, Officers and Servants, as 

&c.enjoinedand H d singular our Governors, Judges and Justices, and all and 

commanded to => ° 

aid the Bishop singular Chaplains, Ministers and other our subjects within the 

conslntheT/ P^ts aforesaid, that they and every of them be in and by all lawful 
offices. ways and means aiding and assisting to the said Bishop and Arch- 

deacons, and his and their successors ia the execution of the premises 
in all things. 



app.] Letters Patent, 54 Geo. 3. 87 

Nevertheless, We will and do by these presents declare and ordain, No. 5. 
that in all grave matters of correction, which are accustomed according j^Jj^av^ 
to the practice of the ecclesiastical laws of our realm of England to be matters, Bishop 
judicially examined, the same shall in like manner be judicially according 1 to 
examined and proceeded in before the said Bishop and his successors, law to final 
or his or their Commissary or Commissaries aforesaid, in the respec- 
tive Archdeaconries in which the party to be proceeded against shall 
reside, and all such causes shall be proceeded in to final sentence in 
due form of law. 

And We do further will and direct, that the said Bishop and his Bishop to ap- 
snccessors may from time to time appoint a proper and sufficient u^r in each* 3 " 
person in each archdeaconry to act as Registrar thereof, and in case Archdeaconry, 
of no Registrar being so appointed, or the Registrar being unable to 
act, We will and direct that the said Bishop or the Commissaries 
respectively may assume any sufficient person as Actuary to do all 
acts as Registrar. 

And further, We will and do by these presents declare and ordain, Appeals, 
that if any person against whom a judgment or decree shall be pro- 
nounced by the said Bishop or his successors, or by his or their 
Commissary or Commissaries, shall conceive himself to be aggrieved 
thereby, it shall be lawful for such person to appeal to Us, our heirs or 
successors, provided such appeal be entered within fifteen days after 
such sentence shall have been pronounced. 

And We do hereby nominate, institute, and appoint the Judges of Commissioners 
the Supreme Court of Judicature at Calcutta for the time being, and De,e ? at e,Mem- 
the Members of Council at Calcutta for the time being, to be our and Judges at ' 
Commissioners Delegate to hear such appeals, and that such Com- ofwhom on** 
roissioners Delegate or any three of them, of whom one shall be a Judge t0 be a Judge, 
of the said Supreme Court of Judicature, shall have power finally to £ dctwJSn? 
decide and determine the said appeals, in as ample manner and form a PP eais ° 
as the Commissioners appointed under our great seal by virtue of the 
statute made in the twenty-fifth year of the reign of King Henry the 
Eighth, intituled, " an act for the submission of the Clergy and 
restraint of appeals/' can or may hear and definitively determine 
appeals from any of the Courts of the Archbishops of our realm of 
England; provided always, that in any sentence to be given by the 
said Commissioners Delegate, one at least of the said Judges of the 
Supreme Court of Judicature shall concur. 

And We do further direct, that the person appointed to act as The Registrar 

Registrar within the Archdeaconry of Calcutta, shall act as Registrar a1 Ca,c . utta act s 

r ±^ ■ j /~\ • t^i • „ ■, . . as Registrar to 

of the said Commissioners Delegate, or if there be no such Registrar, or Commissioners, 

such Registrar be unable to act, the said Commissioners Delegate 
may assume an Actuary to do all acts as their ^gistrar. 

And We do further will, declare, and ordain, that in case any pro- p r0 ceedin 
ceedings shall be instituted against any Archdeacon, sutm proceedings a S ainst Arch- 

& deacons. 



88 Letters Patent, 54 Geo. 3. f A pp> 

No. 5. shall originate and be carried on before our said Commissioners 
~*~^" Delegate, whom we hereby authorize and direct to take cognizauce of 
the same. 
Sentences And We further will, and do by these presents declare and ordain, 

and^nnisraUted tliat m case an ^ Arclldeacon appointed as aforesaid, or Chaplain duly 
totl.erespec- appointed by the Court of Directors of the said United Company 
snents.° Ve sna ^ be *° r au y cause whatever deprived of his said office, or sus- 

pended therefrom, or inhibited from preaching the word of God, or 
exercising his holy office within the limits of the Presidency to which 
he shall have been appointed, or shall be subjected to any ecclesi- 
astical punishment or censure whatsoever, by the said Bishop of 
Calcutta or by his successors, or by his or their Commissary or Com- 
missaries, a copy of the sentence in such cases promulgated and given, 
setting forth the causes of such deprivation, suspension, or other 
ecclesiastical punishment or censure, shall without delay be certified 
and transmitted by the said Bishop and his successors, or his or their 
Commissary and Commissaries, to the Governor General in Council 
at Fort William, or the Governor General in Council at Fort Saint 
George, or Bombay, as the case may be. 

Power reserved An( j v\ e further ordain, that the Supreme Court of Judicature at 

to the Supreme r 

Courts to Calcutta or Madras, or the Recorder's Court at Bombay, as the case 

^hibkionor ma y ^ e ' sna ** ^ ave sucn anc * tne ^ e jurisdiction and power of inter- 
mandamus,, fering by writ of prohibition or mandamus, subject to the same laws, 
restrictions and rules of practice as is or has been exercised by our 
Court of King's Bench at Westminster, in regard to proceedings in 
the Ecclesiastical Courts in England ; regard being had nevertheless 
to any special provisions or exceptions contained in these our Letters 
Patent, and to any other laws and regulations specially applicable to 
or concerning our territories in the East Indies, or the see and 
diocese of Calcutta. 
Nothing to Moreover, it is our Royal will, and We do hereby declare and 

a ^ ter ° r J' ep f al f ordain, that nothing in these presents contained shall extend or be 
justice, save construed to extend, to repeal, vary, or alter the provisions of 
orc°e7ksTnd 0n our several charters of the twenty-sixth day of March, in the 
spiritual super- f our teenth year of our reign, the twenty-sixth day of December, in 
ecdesils^a ! the forty -first year of our reign, and the twenty-eighth day of Fe- 
persons, bruary, in the twenty-eighth year of our reign, whereby ecclesi- 

astical jurisdiction was given to the said Courts of Judicature and 
Recorders Court respectively, so far as the same does not appertain 
to the correction of Clerks, or the spiritual superintendence of eccle- 
siastical persons, or to give to the said Bishop or Archdeacons, or their 
successors, any authority or jurisdiction whatever in matters now 
cognizable in the said Courts, except as herein last before excepted. 
Bishop and Moreover, We will and grant by these presents, that the said Bishop 

Archdeacon to an( ] Archdeacons respectively be bodies corporate, and do ordain 
be bodies cor- 




at>!>.] Letters Patent, 54 Geo. 3. 

make and constitute him and them to be perpetual corporations and 

,1 ., . , porate,\vithper- 

to have perpetual succession. J etlla , ' succ ^ s . 

And that he and they, and his and their successors, be for ever here- si °n. 

after called and known by the names of Bishop of Calcutta and And to be called 

Archdeacon of Calcutta, Madras, and Bombay, respectively, and that the names of 

they and their successors by the names aforesaid shall be able and Bishop of Cal- 

J J cutta and 

capable in the law, and have full power to purchase, have, take, hold Archdeacon 
and enjoy such manors, messuages, lands, rents, tenements, annuities, Madras" a^ 
and hereditaments, of what nature or kind soever in fee and in perpe- Bombay, res- 
tuity, or for term of life or years, as by grant or licence from the said an( j can able to 
United Company they shall at any time be authorized to take, hold purchase and 

f i • 1 1 / j i , j , . hold lands > &c - 

or enjoy, and also all manner ot goods, chattels and things personal 

whatsoever, of what nature or value soever, and that they and their 

successors, by and under the said name, may prosecute, claim, plead 

and be impleaded, defend and be defended, answer and be answered, 

in all manner of Courts of us, our heirs and successors, and elsewhere, 

\B and upon all and singular causes, actions, suits, writs, and demands, 

real and personal, and mixed, as well temporal as spiritual, and in all 

other things, causes, and matters whatsoever. 

And that the said Bishop and his successors shall and may for ever Bishop to have 
hereafter have and use a corporate seal, and the said seal from time to g ea Y rporate 
time at his and their will and pleasure break, change, alter, or make 
new, as to him or them shall seem expedient. 

And We do hereby further declare, that nothing herein contained Nothing to 

shall extend or be construed to extend to limit or abridge any power aur,d geany 

° ' r power of the 

now by law vested in the Governor General in Council, or Governors in respective Go- 
Council of Fort William, Fort St.* George and Bombay, respectively, tTSe^of 
as to the residence of any persons whatsoever within the territories any person 
under the government of the said United Company. pany's territory! 

And We do hereby declare, that if We, our heirs or successors shall P°wer in the 
think fit to revoke or recall the appointment of the said Bishop of Cal- V oke or recall 

cutta or his successors, or of the Archdeacons of Calcutta, or Madras, tlle a PP° m t- 

' nients. 
or Bombay, respectively, for the time being, and shall declare such our 

pleasure by Letters Patent under our great seal of our United King- 
dom, then every such Bishop or Archdeacon shall, from and after the 
notification thereof in such manner as in the said Letters Patent shall 
from time to time be directed to the said Bishop or Archdeacons 
respectively, to all intents and purposes cease to be Bishop of Calcutta 
or Archdeacon of Calcutta, Madras, or Bombay, as the case may be. 

And for removing doubts with respect to the validity of resignation p 0W er to the 

of the said office of Bishop or Archdeacon, it is our further will, that if Bishop and 

„ i ii i • j Archdeacons 

the said Bishop or any of his successors shall by instrument under to resign their 

his hand and seal delivered to our Commissioners Delegate aforesaid, °® c f' and in 

i i /■ i j * i what manner, 

and to be by them accepted and registered, or any ot the said Arch- 
deacons or their successors by a like instrument delivered to the 

n 



90 Letters Patent, 54 Geo. 3. [apf. 

No. 5. Bishop of Calcutta for the time being, and by him accepted and 
registered, resign the office of Bishop of Calcutta or Archdeacon 
as aforesaid, such Bishop or Archdeacon shall forthwith cease to be 
Bishop of Calcutta or Archdeacon, as the case may be, to all intents 
and purposes, but without prejudice to any responsibility to which he 
may be liable in law or equity in respect of his conduct in his said 
office. 

And lastly, to the end that all the things aforesaid may be firmly 
holden and done, We will and grant to the aforesaid Thomas Fanshaw 
Middleton, Henry Lloyd Loring, John Mousley, and George Barnes, 
that they shall have our Letters Patent under our great seal of our 
United Kingdom duly made and sealed. 

In witness whereof We have caused these our Letters to be made 
Patent. Witness ourselves at Westminster, the second day of May, in 
the fifty-fourth year of our reign. 
By writ of Privy Seal, 

(signed) Bathurst and Baihurst. 
(The Great Seal) 



No. e. GRANT OF THE ARMORIAL ENSIGNS TO THE 
SEAL OF THE SEE OF CALCUTTA. 



IN the name and on the behalf of His Majesty, 

George, P. R. 

GEORGE the Third, by the grace of God, of the United Kingdom 
of Great Britain and Ireland, King, Defender of the Faith, &c. To our 
right trusty and right entirely beloved cousin Charles Duke of 
Norfolk, Earl Marshal, and our Hereditary Marshal of England, 
greeting: Whereas We have by our Letters Patent bearing date the 
twelfth day of April last, erected, founded, ordained, made, and 
constituted our province of Calcutta, in the East Indies, into a 
Bishop's See, to be called from henceforth the Bishopric of Calcutta, 
and to the end that our intentions may be carried into effect, have ia 
confidence of the learning, morals, prudence, &c. of our well beloved 
Thomas Fanshaw Middleton, Doctor of Divinity, named and ap- 
pointed him Bishop of the said see of Calcutta, for and during the term 
of his natural life, with certain powers attendant on his ecclesiastical 
dignity, as more particularly are set forth in our said Letters Patent, 
and it having been usual from very early times for Bishops to affix 
to all instruments incident to their episcopal functions, an official 
seal, composed of the arms of their several sees, impaled with their 
respective family atms, We have thought fit to permit and allow the. 



app.] Letters Patent, 57 Geo. 3. 91 

same privilege to our said see of Calcutta. Know ye, therefore, that We, No. 6. 

of our princely grace and special favour have given and granted, and 

do by these presents give and grant the armorial ensigns following, 

to our said see of Calcutta, that is to say, per fess indented ermine 

and gules in chief, two palm branches surmounted by a mitre proper ; 

in base a crosier surmounted by an open book, also proper ; as the 

same are depicted in the painting hereunto annexed, to be impaled, See the armo- 

.,-»., • ria l ensigns 

borne and used by our said Bishop of Calcutta and his successors, depicted in the 
Bishops of Calcutta, on seals, shields or otherwise, according to the f r ontispiece of 

r ° the work. 

ancient usage and laws of arms, provided the said armorial ensigns be 
first duly exemplified according to the laws of arms, and recorded in 
the Herald's office,, otherwise this our licence and permission to be 
void and of none effect. Our will and pleasure therefore is, that ; 
you, Charles Duke of Norfolk, to whom the cognizance of matters of 
this nature doth properly belong, do require and command that this 
our concession and especial mark of our royal favour be registered 
in our College of Arms, to the end that our officers of arms, and all 
others upon occasion, may take full notice and have knowledge thereof, 
and for so doing this shall be your warrant. Given at our Court at 
Carlton House, this twenty-seventh day of September one thousand 
eight hundred and fourteen, in the fifty-fourth year of our reign. 

By the Command of his Royal Highness the Prince Regent in the 
name and on the behalf of His Majestyr 

Sidmouth. 

Recorded in the College of Arms, London, pursuant to a warrant 
from the Most Noble Charles Duke of Norfolk, Earl Marshal and 
Hereditary Marshal of England ; and examined therewith this ninth 
day of December one thousand eight hundred and fourteen. 

Ralph Bigland, Norroy and Register, 
James Cathrow, Somerset Herald, 



LETTERS PATENT 
27th Sept. A. D. 1817, 57 Geo. 3. 

As to the Archdeaconry of Colombo, 



No. 7. 



GEORGE the Third, by the grace of God of the United Kingdom Preamble, 
of Great Britain and Ireland, King, Defender of the Faith, To all to 
whom these presents shall come greeting, Whereas the doctrine 
and discipline of the United Church of England and Ireland are pro- 
fessed and observed by a considerable part of our loving subjects 
resident within our territories in the Island of Ceylon in the East 
Indies ; 



92 Letters Patent, 57 Geo. 3, [app. 

And whereas no sufficient provision has been made for the supply 
of persons duly ordained to officiate as Ministers of the United 
Church of England and Ireland, within the said territories, and there 
is no competent authority for the care and direction of ecclesiastical 
affairs, and our aforesaid subjects are deprived of some offices pre- 
scribed by the liturgy and usage of the Church aforesaid, by reason 
that there is no Bishop or Archdeacon residing or exercising juris- 
diction and canonical functions within the same ; 
His Majesty For remedy of the aforesaid inconveniences and defects, We hav& 

one 1 archdea- eS determined to constitute within the aforesaid territories an Arch - 
conry in and deaconry subject during our pleasure to the jurisdiction, spiritual and 
of Ceylon, to be ecclesiastical, of the Bishop of Calcutta for the time being. And We 
styled the arch- & hereby erect, found and constitute one Archdeaconry in and over 
Colombo, sub- the British Territories within the said Island of Ceylon, to be styled 

ject during H. t ^ e Archdeaconry of Colombo ; such Archdeaconry to be subject and 
M. s pleasure to * . . 

the jurisdiction subordinate during our pleasure to the jurisdiction of the said. 

of Calfutta° P Bis W of Calcutta as aforesaid; and to the end that this our inten- 
tion may be carried into due effect, We having great confidence in the 
learning, morals, probity, and prudence of our well beloved Thomas, 
Thomas James James Twisleton, Clerk, do name aud appoint him the said Thomas 
p^ed°AVch^ * ]ames Twisleton to be Archdeacon of the Archdeaconry of Colombo,, 
deacon thereof, so that the said Thomas James Twisleton shall be and be taken to be 
the Archdeacon of the said Archdeaconry of Colombo, and may by 
virtue of this our nomination and appointment enter into and possess 
the said office of Archdeacon within the said Archdeaconry ; subject 
nevertheless to the powers of revocation or resignation hereinafter 
more particularly expressed. 
Such appoint- And We do hereby signify to our right trusty and well beloved the 
toThe S Br s ho ed Right Reveretld Father in God > Thomas Fanshaw, Bishop of Calcutta, 
©f Calcutta, who that We have nominated the said Thomas James Twisleton to be 
ias&ute &Q* Archdeacon f Colombo, requiring him the said Thomas Fanshaw, 
Bishop of Calcutta, to institute the said Thomas James Twisleton. 
to the said Archdeaconry, to which we have appointed him, and to do 
all things appertaining to his office in this behalf with effect. 
Declaration as And for a declaration of our Royal will, in regard to the duties and 
and functions of factions to be exercised by the said Archdeacon and his successors, 
the Archdeacon We do hereby declare that the said Archdeacon shall within his 
Archdeaconry be assisting to the Bishop of Calcutta in the exercise 
of his episcopal jurisdiction and functions, according to the duty of an 
Archdeacon by the ecclesiastical laws of our realm of England, and 
in such manner and subject to the like provisions as the same are 
and ought to be lawfully performed by the Archdeacons of Calcutta, 
Madras and Bombay respectively. 
And shall be And We do further will, ordain and declare, that the said Arch- 

to the™aid Sary deacon shall within his Archdeaconry be and be taken to be without 
Bishop. 



app.] Letters Patent, 57 Geo. 3. 93 

further appointment the Commissary of the said Bishop and his No. 7 * 

successors, and shall exercise jurisdiction in all matters aforesaid ^** v_, ~ 

according to the duty and functions of a Commissary by the said 

ecclesiastical laws. 

And We do further direct, that during the vacancy of the said Tliat during: a 

vacancy of the 
Archdeaconry, and until the Bishop shall institute thereto a Clerk archdeaconry, 

duly nominated by Us, our heirs and successsors, or otherwise provide d[iUes t0 be 
J J r performed by 

for the performance of the duties thereof, the duties thereof shall be some discreet 

performed by some discreet Minister in Priest's orders of the Church prjests^rders 

of England, who shall be nominated, as the case may be, for that to be nomina- 

purpose by our Governor of the said Island of Ceylon. Governor of* 

And moreover, We command and by these presents for Us, our Ceylon. 

heirs and successors, strictly enjoin all and singular our Governors, The Governors, 

' J J o Judges, and all 

Judges, and Justices, and all and singular Chaplains, Ministers, and Chaplains and 

others our subjects within the territories aforesaid, that they and every rt £JjJJ^|J2 

of them be in and by all lawful ways and means aiding and assisting manded to be 

to the said Archdeacon and his successors, in the execution of the Archdeacon. 

premises in all things. 

And We do further will and direct, that the said Bishop and his Bishop of Cal- 
c L . , . ,, , . , . , cutta to appoint 

successors may from time to time during all such times as the said a Registrar for 

Archdeaconry shall be subject to the jurisdiction of the Bishop of tlie archdea- 
Calcutta for the time being as aforesaid, appoint a proper and suf- i om bo. 

ficient person in the said Archdeaconry to act as a Registrar thereof, An( L in case of 
r . no Registrar, 

and in case of no Registrar being so appointed or the Registrar being &c. may as- 
unable to act, We will and direct that the said Bishop or the Com- *" me an Actu " 
missary respectively may appoint any sufficient person as Actuary to 
do all acts as Registrar. 

And We further ordain, that the Supreme Court of Judicature The Supreme 
in Ceylon shall have such and the like jurisdiction and power of \q^1 -fcavJ^T 
interfering by writ of prohibition or mandamus, subject to the same jurisdiction and 
laws, restrictions, and rules of practice, as is or has been exercised by f ere Dy wr j t f 

our Court of King's Bench at Westminster, in regard to proceedings in prohibition 
, , . . , _ • T-. i i ii- ii i . or mandamus, 

the ecclesiastical Courts in England, regard being had nevertheless Regard being 

to any especial provisions or exceptions contained in these our Letters had l ? an y . 
J r r r especial provi- 

Patent, and to any other laws and regulations specially applicable sions therein, 

to or concerning our Island of Ceylon. SjtaKftE 

Moreover it is our Royal will, and We do hereby declare and ordain, to Ceylon. 

that nothing in these presents contained shall extend or be constru- Nothing con- 

i i i i i • • r ™ tained herein 

ed to extend to repeal, vary, or alter, the provisions of our Charter to repeal or - 

whereby ecclesiastical jurisdiction in causes testamentary and matri- alter lI i e char " 

monial was given to the said Court of Judicature, so far as the same the said Su- 

does not appertain to the correction of Clerks, or the spiritual super- j^Sr asthe' 

intendance of ecclesiastical persons, or to give to the said Arch- same did not 

deacon or bis successors any authority or jurisdiction whatever in Jhe correction 

matters now cognizable in the said Court, except as herein last before of clerks, &c. 

excepted 



94 Letters Patent, 57 Geo. 3. [appv 

No. 7. Moreover, We will and grant by these presents, that the said Arch- 

J^^yTTi deacon be a body corporate, and do ordain, make and constitute him to 
The said Arch- J . ' . . , , 

deacon to be a be a perpetual corporation, and to have perpetual succession, and that 

body corparate ^ an( j ^ 1S successors be for ever hereafter called and known by the 
&c. J 

To be called name of Archdeacon of Colombo, and that he and his successors by 

and known by the name aforesaid shall be able and capable in the law, and have full 
Archdeacon of power to purchase,, have, take, hold, and enjoy, such manors, messu- 

Colorabo, ages, lands, rents, tenements, annuities, and hereditaments, of what 

and capable of i , • j • ■ • » o\-n 

holding lands, nature and kind soever in fee and in perpetuity, or for term of life or 

^ vears, as by grant or licence from our said Governor he or they shall 

as by grant or * # J r . " 

licence of the at any time be authorized to take, hold or enjoy, and also all 

Governor he man ner of goods, chattels and things personal whatsoever, of what 

may be autho- ° or 

rized, nature or value soever, and that he and his successors by and under 

undo/such tne sa ^ narae ma y prosecute, claim, plead and be impleaded, defend 

name to plead, and be defended, answer and be answered, in all manner of Courts, 

defend &c °f us, our heirs and successors, and elsewhere, in and upon all and 

singular causes, actions, suits, writs, and demands, real and personal, 

and mixed, as well temporal as spiritual, and in all other things, causes. 

and matters whatsoever. 

His Majesty And We do hereby declare, that if We, our heirs or successors, shall 

reserves the think fit to revoke or recal the appointment of the said Archdeacon of 

power of re- 

voking or re- Colombo for the time being, and shall declare such our or their 

calling the ap- pi easure by Letters Patent under the great seal of the United Kingdom, 
pointment. r J b . 

that every such Archdeacon shall from and after the notification 

thereof in such manner as in the said Letters Patent shall from 

time to time be directed to the said Archdeacon, to all intents and 

purposes cease to be Archdeacon of Colombo. 

Resignation of And for removing doubts with respect to the validity of resignation 

the said office f ^ e sa jd ffi ce f Archdeacon, it is our further will, that if the said 

of Archdeacon 

how to be Archdeacon or his successors shall by instrument under his hand 

made * and seal, delivered to the Bishop of Calcutta for the time being, and 

by him accepted and registered, resign the office of Archdeacon as 
aforesaid, such Archdeacon shall forthwith cease to be Archdeacon 
to all intents and purposes, but without prejudice to any responsibility 
to which he may be liable in law or equity in respect of his conduct- 
in his said office. 
Letters Patent And further, to the end that air things aforesaid may be firmly 
granted to holden and done, We will and grant to the aforesaid Thomas James 

TwhTetoii? mtS Twisleton, that he shall have our Letters Patent under our great seal 
of our United Kingdom duly made and sealed. 

In witness whereof We have caused these our Letters to be made 
Patent. Witness ourselves, at Westminster, the twenty-seventh day of 
September, in the fifty-seventh year of our reign. 

By writ of privy seal, 

(Signed) Bathurst. 

(The Great Seal) 



atp.] Letters Patent, 57 Geo. 3. 95 

LETTERS PATENT JILs 

27th Sept. a. d. 1817, 57 Geo. 3. 

Further declaratory as to the Archdeaconry of Colombo. 



GEORGE the Third, by the grace of God of the United Kingdom p rea mble 
of Great Britain and Ireland, King, Defender of the Faith, to all g^Jji^J-* 
to whom these presents shall come greeting, Whereas We did by 2d May iau. 
Letters Patent under the great seal of our United Kingdom bearing 
date the second day of May, in the fifty-fourth year of our reign, 
erect, found, ordain, make, and constitute certain of the British 
Territories, in the East Indies to be a Bishop's see, and to be called 
from thenceforth the Bishopric of Calcutta : 

And whereas We did give and grant to Thomas Fanshaw Middleton, 
the first Bishop of Calcutta, and to his successors Bishops of Calcutta, 
full power and authority to perform all the functions peculiar and 
appropriated to the office of a Bishop within the limits of the said 
see, but not elsewhere ; and also by himself or themselves or by his 
or their Commissary or Commissaries to exercise jurisdiction spiritual 
and ecclesiastical, in and throughout the said see and diocese accord- 
ing to the ecclesiastical laws of our realm of England, which are 
lawfully made and received in England in the several causes and 
matters therein expressed and specified and no other; and We did 
make a further declaration of our royal will concerning the special 
causes and matters in which we would that the aforesaid jurisdiction 
should be exercised, and did give and grant to the aforesaid Bishop 
and his successors, certain powers and authorities for the due per- 
formance of his and their episcopal functions, subject however to 
certain limitations and reservations ; as on reference to our said 
Letters Patent will more fully appear; and for the further accom- 
plishment of our intention, and for aiding the said Bishop of 
Calcutta according to the laws and customs of the United Church of 
England and Ireland in the due and canonical superintendance of 
ecclesiastical persons and affairs, We did also erect, found and con- 
stitute one Archdeaconry in and over the Presidency of Fort William 
in Bengal, to be styled the Archdeaconry of Calcutta, and one other 
Archdeaconry in and over the Presidency of Fort Saint George on 
the Coast of Coromandel, to be styled the Archdeaconry of Madras, 
and also one other Archdeaconry in and over the Presidency and 
Island of Bombay on the Coast of Malabar to be styled the Arch- 
deaconry of Bombay, all such Archdeaconries to be subject and 
subordinate to the said Bishop's see of Calcutta, and did in like 
manner make a declaration of our royal will in regard to the duties 



96 Letters Patent, 57 Geo. 3. [ A pp # 

No. 8. and functions to be exercised by the said Archdeacons and their 
>^^/ - ^-' successors: 

That by other And whereas We have by Letters Patent under the great seal of our 

Letters Patent it - ' •* j v j j/>it i 

one other arch- United Kingdom, erected, founded and constituted one other Arch- 

Cotombo was deac0ni 7 within the British Territories in the East Indies, that is to 
also erected to say, at Colombo, in the Island of Ceylon, to be styled the Archdea- 
arcrdealnry conr y of Colombo > such Archdeaconry to be also subject during our 
of Colombo. pleasure to the jurisdiction, spiritual and ecclesiastical, of the Bishop 

of Calcutta for the time being : 
That for giving Now know ye, that in order to give full effect to our royal intention, 
Letters Patent, * n res P ect °f tne sai( i Archdeaconry of Colombo, and for removing 
declaration as a |j doubts touching the jurisdiction of the Bishop of Calcutta and his 
to the Bishop's . . , . j » , ". 

jurisdiction successors over the said Archdeacon and Archdeaconry, We have 

over the same gj ven an j granted and do by these presents give and grant to the 
except the Bishop of Calcutta and his successors, during our pleasure, all and 
latin? C ° " singular the rights, powers, authorities, functions, and jurisdictions 
in and over the said Archdeaconry and Archdeacon of Colombo, which 
he and they may now lawfully exercise within the three Archdea- 
conries of Calcutta, Madras, and Bombay, except the right or power 
of collating to the said Archdeaconry of Colombo, subject always 
to the several limitations, reservations, and provisions, which in our 
said Letters Patent of the second day of May, in the fifty-fourth year 
of our reign, are fully set forth, and We will that all clauses, matters 
and things, contained in our said Letters Patent shall be deemed and 
taken to be applicable to the jurisdiction and functions of the Bishop 
of Calcutta, in regard to the Archdeaconry of Colombo, and to all 
appeals by persons who shall conceive themselves aggrieved by any 
judgment or decree of the said Bishop or his Commissary, and to all 
proceedings against the said Archdeacon as if the same were herein 
Provided only inserted word for word ; provided only that the copy of the sentence 
that in case of i n an y such case shall be rectified and transmitted to our Governor of 
prJn^uncerthe Ceylon for the time being; and We do hereby will and declare that 

same to be t h ese our Letters Patent shall be of force and effect only during our 

transmitted to 

His Majesty's royal will and pleasure and no longer. 

Governor of j witness whereof We have caused these our Letters to be made 

Ceylon. 

Patent. 

Witness ourselves at Westminster, the twenty-seventh day of Sep- 
tember, in the fifty-seventh year of our reign. 

By writ of privy seal, 

Bathurst. 

(The Great Seal) 



app.] Letters Patent, 4 Geo. 4. 97 

LETTERS PATENT 

27th May, a. d. 1823, 4 Geo. 4. N0.9 

Extending the Diocese over all His Majesty's other territories within 
the limits of the Company s Charter,, 



GEORGE the Fourth, by the grace of God, of the United King- Preamble. 

dom of Great Britain and Ireland Kins;, Defender of the Faith 

To all to whom these presents shall come, greeting, whereas his late 

Majesty our royal Father, King George the Third, did by Letters 

Patent under the great seal of our United Kingdom of Great Britain 

and Ireland, bearing date the second day of May, in the fifty-fourth v 

_ ' ... . .' ■ , . . Letters Patent 

year of his reign, erect, found and constitute our Territories under the 54 Geo. 3d. 

Government of the United Company of Merchants of England trading 
to the East Indies, to be a Bishop's See, and to be called from thence- 
forth the Bishopric of Calcutta, and his said late Majesty by the same 
Letters Patent did give and grant to Thomas Fanshaw Middleton, 
the first Bishop of Calcutta, and to his successors, Bisliops of Cal- 
cutta, full power and authority to perform all the functions peculiar 
and appropriated to the office of a Bishop within "the limits of the 
said see, but not elsewhere, and also by himself or themselves, or 
by his or their Commissary or Commissaries, to exercise jurisdiction 
spiritual and ecclesiastical in and throughout the said see and 
diocese according to the ecclesiastical laws of our realm of England, 
which are lawfully made and received in England in the several 
causes and matters therein expressed and specified and no other ; 
and his said late Majesty by the same Letters Patent did make a fur- 
ther declaration concerning the special causes and matters in which 
he would that the aforesaid jurisdiction be exercised, and did give and 
grant to the aforesaid Bishop and his successors certain powers and 
authorities for the said performance of his and their episcopal func- 
tions, subject however to certain limitations and reservations as on 
reference to the said Letters Patent will more fully appear : 

And for a further accomplishment of his intention, and for aiding 
the said Bishop of Calcutta according to the laws and customs of the 
United Church of England and Ireland, in the due and canonical 
superintendance of ecclesiastical persons and affairs, his said late 
Majesty by the said Letters Patent did erect, found and constitute 
one Archdeaconry in and over the Presidency of Fort William in 
Bengal, to be styled the Archdeaconry of Calcutta, and one other 
Archdeaconry in and over the Presidency of Fort Saint George on 
the coast of Coromandel, to be styled the Archdeaconry of Madras, 
and also one other Archdeaconry in and over the Presidency and 
Island of Bombay on the coast of Malabar, t) be styled the Arch- 
deaconry of Bombay, all such Archdeaconries to be subject and 
subordinate to the said Bishop's see of Calcutta. 





98 Letters Patent, 4 Geo. 4. [app. 

No. 9. And whereas his said late Majesty did by Letters Patent under the 

Letters Patent £ reat sea ^ °^ our United Kingdom, bearing date the fifteenth day of 
57 Geo. 3. August, in the fifty-seventh year of his reign, erect, found, and consti- 

tute one other Archdeaconry within the British territories in the East 
Indies, that is to say, at Colombo in the island of Ceylon, to be styled 
the Archdeaconry of Colombo, such Archdeaconry to be also sub- 
ject during the royal pleasure to the jurisdiction, spiritual and ecclesi- 
astical, of the Bishop of Calcutta for the time being : 

And whereas his said late Majesty by other Letters Patent, under the 
great seal of our United Kingdom, bearing date the fifteenth day of 
August in the fifty-seventh year of his reign, in order to give full effect 
to his royal intention in respect of the said Archdeaconry of Colombo, 
and for removing all doubts touching the jurisdiction of the Bishop 
of Calcutta and his successors over the said Archdeacon and Arch- 
deaconry, did give and grant to the Bishop of Calcutta and his suc- 
cesssors all and singular the rights, powers, authorities, functions and 
jurisdictions in and over the said Archdeaconry and Archdeacon of 
Colombo, which he and they might lawfully exercise in and over 
the three Archdeaconries of Calcutta, Madras, and Bombay, except 
the right of collating to the said Archdeaconry of Colombo : 
By demise of And whereas by the demise of the said Thomas Fanshaw Middleton, 
fon h °he M see dle * the late Bisho P> the said See or Bishopric of Calcutta has become 
vacant. and is now vacant, and it is our royal will and pleasure to appoint a 

successor thereto : 
Other parts of And whereas the doctrine and discipline of the United Church of 

H. M.'s territo- England and Ireland are professed and observed bv a considerable 

nes not hereto- . . J 

fore included, part of our loving subjects resident in certain other parts of our 

territories within the limits of the charter of the United Company of 

Merchants of England trading to the East Indies, not heretofore 

included in the said see and diocese of Calcutta: 

A a tli no And wnereas n0 provision has been made for the supply of persons 

provision madeo duly ordained to officiate as Ministers of the United Church of 

England and Ireland, within such parts, and there is no competent 

authority for the care and direction of ecclesiastical affairs, and our 

aforesaid subjects are deprived of some offices prescribed by the 

liturgy and usa^e of the Church aforesaid, by reason that there is 

no Bishop residing or exercising jurisdiction and canonical functions 

H. M.'s ter- in and over the same ; for remedy of the aforesaid inconveniences and 

ritories within defects, it has become expedient, and it is our will and pleasure, that 

the C.'s charter the see and diocese of the Bishop of Calcutta shall be extended over 

to form the ^ whole of our territories within the limits of the charter of the said 
diocese. 

United Company of Merchants of England trading to the East Indies : 

Reginald He- Now know ye, that in order to give full effect to our royal will and 

ber .* D J ?*. ap " pleasure of appointing: a successor to the said Bishopric of Calcutta 
pointed Bishop, r rr & • «■ ' i ■ 

now vacant, and of extending the limits of the said See or Bishopric as 



A pp.] Letters Patent, 4 Geo. 4. 99 

aforesaid, We having great confidence in the learning, morals, probity, No. 9. 
and prudence of our well beloved Reginald Heber, Doctor in Divi- v ^~v - ^- / 
nity, do name and appoint him to be Bishop of the said See and Diocese 
of Calcutta, so that the said Reginald Heber shall be and be taken to 
be Bishop of the Bishop's See and Diocese of Calcutta, and may by - 
virtue of this our nominationand appointment enter into and possess 
the said Bishop's See as the Bishop thereof, without any let or impedi- 
ment of us, our heirs, or successors, subject nevertheless to the power 
of revocation and to the rights of resignation expressed and contained 
in the said Letters Patent of the second day of May, in the fifty-seventh ■ 
year of the reign of his late Majesty King Geoge the Third. 

And We do hereby signify to the Most Reverend Father in God, Signification 
m iiAii-i ■• ^, i i thereof to the 

Charles, Lord Archbishop of Canterbury, Primate of all England Archbishop, 

and Metropolitan, that We have named and preferred the said Regi- and authority 

to COnSCCTtitG 

nald Heber to the said Bishopric of Calcutta, and have appointed him . 

the Bishop and ordinary Pastor thereof, requiring and by the faith 

and love whereby he is bound unto us, commanding him to consecrate 

the aforesaid Reginald Heber, Bishop of Calcutta, in manner accus* 

tomed, and diligently to do and perform all other things appertaining 

to his office in this behalf with effect. 

We do by these presents also ordain and declare our royal will and Declaration as 

pleasure, that from henceforth the whole of our territories within the H M's. territo- 

limits of the charter of the United Company of Merchants of England ries within the 

.. . .. , . 10 i limits of the 

trading to the East Indies, shall form and constitute the bee and charter. 

Diocese of Calcutta. 

And we have given and granted, and do by these presents give and Power to the 

grant to the said Bishop of Calcutta and his successors, during our Blsh ?P to 
D * . appoint Com- 

pleasure, the right of appointing any person or persons to be his or missaries. 

their Commissary or Commissaries within any of the territories and 

parts aforesaid, which Commissary or Commissaries shall or may 

act in all matters relative to the episcopal jurisdiction and functions 

of the said Bishop and his successors, according to the duty. of. a. 

Commissary by the ecclesiastical laws of England. 

And we have further given and granted, and do by these ^ n( j \^ ve the 

presents give and grant to the said Bishop of Calcutta and his like jurisdiction 

i • , iiiiii and P owers « 

successors, during our pleasure, all and singular the rights, powers, 

authorities, functions and jurisdictions in and over all and every 

our territories within the limits of the charter of the said United 

Company of Merchants of England trading to the East Indies, which 

he and they may lawfully exercise in and over the territories under 

the government of the said United Company by virtue of the said 

Letters Patent of the second day of May in the fifty-fourth year of the 

reign of his late Majesty King George the Third, or in and over the 

territories in the Island of Ceylon by virtue of the said first recited 

Letters Patent of the fifteenth day of August in the fifty-seventh year; 



100 



Letters Patent, 5 Geo A. 



[m?p< 



same 
tious, 



No. 9. of his said late Majesty's reign, and the said last recited Letters, 
v -^"\^ c ^' Patent of the fifteenth day of August in the fifty-seventh year of his. 
Subject to the said late Majesty's reign, or either of them, subject always to the, 
several limitations, reservations and provisions which in the same 
several Letters Patent are fully set forth, and We will that all clauses, 
matters and things contained in the said several Letters Patent shall 
so far as the same are applicable, be applied to the jurisdiction and 
functions of the Bishop of Calcutta in regard to all and every the 
territories hereby added to his Diocese, as if. the same were herein 
inserted word for word. 

In witness whereof We have caused these our Letters to ba 
made Patent. 

Witness ourselves at Westminster, the twenty- seventh day of 
May in the fourth year of our reign. 
By writ of privy seal. 



Bathunt 



(The Great Seal.) 



No. 10. 



Preamble. 



New South 
Wales. 



LETTERS PATENT 

2nd Oct. a. d. 1824, 5 Geo. 4. 

Concerning the Archdeaconry of New South Wales. 



One archdea- 
conry consti- 
tuted subject 
during H. M's. 
pleasure to the 
Jurisdiction of 
the Risbop of 
Calcutta. 



GEORGE the Fourth, by the grace of God, of the United Kingdom of 
Great Britain and Ireland, King, Defender of the Faith, To all to whom 
these presents shall come, greeting, whereas the doctrine and disci- 
pline of the United Church of England and Ireland are professed and 
observed by a considerable part of our loving subjects resident within 
our colony or settlement of New South Wales and its dependencies, 
including Van Dieman's Land : 

And whereas it is expedient to make further provision for the due 
regulation and order of persons duly ordained to officiate as Minis- 
ters of the United Church of England and Ireland within the sama 
colony or settlement, We have determined to constitute within the 
said colony or settlement an Archdeaconry subject during our plea- 
sure to the jurisdiction spiritual and ecclesiastical of the Bishop of 
Calcutta for the time being: 

And We do hereby erect, found and constitute one Archdeaconry in 
and over the British territories within the said Colony of New South 
Wales and its dependencies, to be styled the Archdeaconry of New 
South Wales, and to be subject and subordinate during our pleasure 
to the Eishop of Calcutta and his successors as aforesaid, according to 
the ecclesiastical laws of this realm. 



app.] Letters Patent, 5 Geo. 4. 101 

And to the end that this our intention may be carried into due No - 10 « 

effect, We having- full confidence in the piety, learning, morals, Rev Thomas 

probity and prudence of our well beloved Thomas Hobbes Scott, Hobbes Scott, 

Clerk, do name and appoint him the said Thomas Hobbes Scott, Archdeacon 

to be Archdeacon of the Archdeaconry of New South Wales as hereof. 

aforesaid, so that the said Thomas Hobbes Scott shall be and be 

taken to be in all things Archdeacon of the said Archdeaconry 

of New South Wales, and by virtue of this our nomination alone, enter 

into and fully and absolutely possess and enjov the said office of 

Archdeacon within the said Archdeaconry, subject to the power of 

revocation and resignation hereinafter more particularly expressed; 

and We do hereby signify to our right trusty and well beloved the 

Bight Reverend Father in God, the Lord Bishop of Calcutta, that We His Majesty 

have nominated the said Thomas Hobbes Scott, Clerk, to the x\rch- same to the 

deaconry of New South Wales, and to be subject and subordinate Lor(i Bishop of 
i ■ ■ i i • j i • * Calcutta, 

during our pleasure to him and his successors as aforesaid. 

And lor a declaration of our royal will and pleasure in regard to Declaration as 

the duties and functions to be exercised by the said Archdeacon and *° dimes and 

J functions of 

and his said successors, We do hereby declare that the said Archdea- the said Arch- 
con shall be assisting to the Bishop of Calcutta in the exercise of his eacon ' 
episcopal jurisdiction and functions according to the duty of an 
Archdeacon by the ecclesiastical laws of our realm of England, and 
in as full and ample a manner as the same are or may be lawfully 
exercised by any Archdeacon within our realm of England, save as 
hereinafter excepted. 

And We do further will ordain and declare, that the said Archdea- To be also the 
con shall within his Archdeaconry be and be taken to be without ^g^opT '** 
further appointment the Commissary of the said Bishop and his 
successors, and shall exercise jurisdiction in all matters aforesaid 
according to the duty and function of a Commissary by the said eccle- 
siastical laws. 

And We do further direct that during the vacancy of the said During a 
Archdeaconry, or until the person who shall be appointed by Us to archdeaconry, 6 

fill the same shall arrive and take on him the duties of the said office, °y whom 

,._, ... i/-i c ji duties to be 

and certify the same in writing to the Uovernor or our said colony or performed. 

settlement, the said duties shall be performed by some discreet 

Minister in Priests orders of the Church of England, who shall be 

nominated as the case may be for that purpose by our Governor for 

the time being of the said colony or settlement of New South Wales 

as aforesaid. 

And moreover, We command and by these presents for Us, our heirs A n Governors 

and successors, strictly enjoin all and singular our Governors, Judges Judges, &c. 

, _ i ,, i ,^-ii- »/•• • . t , commanded to 

and Justices, and all and singular Chaplains, Ministers and other be aiding the 

our subjects within the territories aforesaid, that they and every of Archdeacon, 
them be in and by all lawful ways and means aiding and assisting to 



102 Letters Patent, 5 Geo. 4. [app. 

No. io. the said Archdeacon and his successors in the execution of the 

x -^~y""^ ,/ premises in all things. 

Archdeacon And We do further will and direct that the said Archdeacon and 

m *y appoint his successors may and shall from time to time appoint a proper and 

efficient person in the said Archdeaconry to act as Registrar thereof, 

and in case of no Registrar being so appointed or the Registrar being 

unable to act during any vacancy of the said Archdeaconry, We will 

and direct that the person officiating as such as above directed may 

appoint any sufficient Actuary to do all acts and things to the said 

office of Registrar appertaining. 

Supreme Court And We do further ordain that the Supreme Court of Judicature in 

at New South New South Wales shall have such and like jurisdiction and power 
Wales to have J r 

like jurisdiction of interfering by writ of prohibition or mandamus, subject to the same 

hfhition°or Pr0 " * aws > restrictions and rules of practice as is or has been exercised by 

madamus as our Court of King's Bench at Westminster, in regard to proceedings in 

ofK.B. the ecclesiastical Courts of England; regard being had nevertheless 

Regard being to any special provisions or exceptions contained in these our 

had to any J r r r 1 

special provi- Letters Patent, or to any other laws and regulations specially appli- 

sions herein. ca ble to or concerning our colony or settlement of New South Wales- 

as aforesaid. 

Nothing herein Moreover it is our royal will, and We do hereby declare and ordain^ 

to repeal the t k at nothing herein contained shall exteud or be construed to extend 

by ecclesiasti- to repeal, varv or alter the provisions of our charter whereby ecclesi- 

was J given 1C to 0n astical jurisdiction was given to the said Court of judicature, so far 

the said Su- as t he same does not relate to the correction of Clerks or the spiritual 
preme Court . . . j . 

except as be- supenntendauce of ecclesiastical persons, or to give to the said Arch- 
fore excepted. 0^^^ or his successors any authority or jurisdiction whatsoever in 
causes testamentary or matrimonial, and in matters now cognizable 
in the said Court exceptas herein last before excepted. 

Moreover, We will and grant by these presents, that the said Arch- 
The said Arch- * * , \ , . 

deacon to be a deacon be a body corporate, and do ordain, make and constitute him 

body corporate, tQ be a perpetual corporation, and to have perpetual succession, 
To be called and and that he and his successors be for ever hereafter called and 
namTof Arch- known by the name of Archdeacon of New South Wales, and 
deacon of New that he and his successors by the name aforesaid shall be able 
witWul^power and capable in the law, and have full power to purchase, have, 
to hold lands, ta k e hold and enjoy si;ch manors, messuages, lands, rents, tene- 
&c. as by . , iii- pi i • j 

grant or licence ments, annuities, and hereditaments, ot what nature or kind soever, 

from the Go- • ^ ^ m p erpe tuitv, or for term of life or years, as by grant 

vernor be may p r J J • » 

be authorized, or licence from our said Governor he or they shall at any time be 

nnde^such authorised to take, hold or enjoy within our territories in the said 

name to plead, island, or settlement, and all and all manners of goods, chattels, and 

defend" &c. things personal whatsoever, of what nature or value soever, and that 

he and his successors by and under the said name may prosecute, 

claim, plead and be empleaded, defend and be defended, answer ani 



app.j Letters Patent, 5 Geo. 4. 103 

be answered in all manner of Courts of Us, our heirs and successors N °*^*y 

and elsewhere, in and upon all and singular causes, actions, suits, 

writs, and demands, real and personal, and mixed, as well temporal 

as spiritual, and in all other things, causes and matters whatsoever. 

And We do hereby declare, that if We, our heirs or successors, shall His Majesty 

think fit to revoke or recall the appointment of the said Archdeacon p 0wer of re _ 

or his successor for the time being, and shall declare such our or their voking or 

• j v recalling the 

pleasure by Letters Patent under the great seal of the United King- appointment. 

dotn, then every such Archdeacon shall from and after the notification 
thereof in such manner as in the said Letters Patent shall from time 
■to time be directed to the said Archdeacon, to all intents and pur- 
poses cease to be Archdeacon as aforesaid. 

And for removing doubts with respect to the validity of resignation Resignation of 

of the said office of Archdeacon, it is our further will and pleasure the said office of 

. Archdeacon 

that if the said Archdeacon or his successors shall by instrument how to made. 

under his hand and seal, delivered to Us or to the Governor of our 

said colony or settlement for the time being, and duly accepted and 

registered, resign the office of Archdeacon aforesaid, such Archdeacon 

shall forthwith cease to be Archdeacon to all intents and purposes, 

but without prejudice to any responsibility to which he may be liable 

-in law or equity in respect of his conduct in his said office. 

And further, to the end that all the things aforesaid may be firmly Letters Patent 
holden and done, We will and grant to the aforesaid Thomas Hobbes S raate • 
Scott, Clerk, that he sh^ll have our Letters Patent under our great 
seal of our United Kingdom duly made and sealed. 

In witness whereof we have caused these our Letters to be made 
Patent. 

Witness ourselves at Westminster, the second day of October, in 
fifth year of our reign. 

By the King himself, 

(Signed) Bathurst. 
(The Great. Seal.) 



t 104 ] [ A p Pt 

No li: LETTER FROM BISHOP MIDDLETON TO THE 
REV. ANTHONY HAMILTON. 

Enumerating the objects in the establishment of Bishop's College 
near Calcutta. 

Calcutta, \QthNov. 1818. 
Reverend Sir, 

I have received your letter, conveying to me a copy of the pro- 
ceedings of the Society in the month of March last, on the subject 
of India missions; from which it appears, that the Society have placed 
at my disposal the sum of 5,000/., and invite my more particular 
suggestions as to the most prudent and practicable methods of pro- 
moting Christianity in this country. The Society may be assured, that 
I have been much gratified by this communication, and that I shall, 
with the Divine blessing, heartily co-operate with them in an enter- 
prise so honourable to our established Church, and commenced under 
auspices which give it the character of a national effort to disseminate 
in these regions our holy faith in its purest form. 

In offering to the Society my opinion as to what may be prudent, 
with reference to the safety of the measure, I can feel no embarrass- 
ment: the danger, generally speaking, of attempting to propagate 
Christianity in this country, is not the difficulty with which we have 
to contend : ordinary discretion is all that is required : and every 
proceeding I should consider to be safe, which did not offer a direct 
and open affront to the prevailing superstitions. In any attempt to 
enlighten, to instruct, or to convince, experience has abundantly 
shown that there is not the smallest ground for alarm ; and this, I 
believe, is now admitted by many, who once regarded such attempts 
with manifest apprehension. A more remarkable change of sentiment 
has seldom been effected within so short an interval. 

The question, however, what may be practicable, so as most 
effectually to further the Society's views, is much more compre- 
hensive. Experience does not hold out much encouragement to 
efforts, which rely for their success entirely on the effect to be pro- 
duced by preaching ; they seem rarely to have excited any interest 
beyond that of a transient curiosity : the minds of the people are not 
generally in a state to be impressed by the force of argument, and 
still less to be awakened to reflection by appeals to their fee'ings and 
their fears : and yet preaching must firm apart, a prominent part, 
I apprehend, in any scheme for the conversion of these people : what 
is further required seems to be a preparation of the native mind to 
comprehend the importance and truth of the doctrines proposed to 
them : and this must be the effect of education. The Scriptures must 
also be translated, and other writings conducive to the end in view. 



app.] Bishop Middletorfs Letter. 105 

To embrace and combine these objects, therefore, I would have No. 11. 
the honour to recommend to the Society the establishment of a 
Mission College, in the immediate vicinity of this capital, to be 
subservient to the several purposes : 

1. Of instructing native and other Christian youth in the doctrines 
and discipline of the Church, in order to their becoming preachers, 
catechists, and schoolmasters. 

2. For teaching the elements of useful knowledge and the English 
language to Mussulmans or Hindoos, having no object in such attain- 
ments beyond secuiar advantage. 

3. For translating the scriptures, the liturgy, and moral and 
religious tracts. 

4. For the reception of English missionaries to be sent out by the 
Society, on their first arrival in India. 

It may be expected that something should be offered in explanation 
of my meaning, under each of these heads. 

1. One object proposed in this establishment is the training of 
native and Christian youth to be preachers, schoolmasters, and 
catechists. Such, I have no doubt, might be found in sufficient 
number, when it was understood that they would be fostered in a 
respectable establishment, with the assurance of an adequate pro- 
vision upon leaving it : and I am clearly of opinion, that though 
native teachers by themselves will never effect much, our religion 
will make little progress in this country without their aid : the native 
Christian is a necessary link between the European and the Pagan : 
these two have little in common : they want some point of contact; 
the European and native mind seem to be cast in different moulds : 
if the Hindoo finds it very difficult to argue as we argue, and to view 
things as we view them, it is scarcely more easy for us to imagine 
ourselves in his condition, and to enter into the misconceptions and 
prejudices, which obstruct his reception of the truth ; the task is 
much the same as that of a man, who, in the full maturity of under- 
standing and knowledge, should endeavour to divest himself of these, 
and to think as a child. 

It may have been observed, that I have mentioned the education 
of native and other Christian youth: in which I include a class of 
persons who, though born in this country, are to be distinguished 
from natives usually so denominated, being the offspring of European 
parents : and I had more especially in view the sons of missionaries, 
who might be glad to avail themselves of this opportunity to bring up 
their sons to the same profession. It may not, perhaps, be improper 
to add, that, when I was in the south of India, specific proposals of 
this kind were made to me by missionaries of the Society for Promot* 
ing Christian Knowledge. 



106 Bishop Middktoris Letter. [ A pp. 

No. 11. 2. Another of the objects proposed is to afford to native children 

instruction in useful knowledge, and specially iu the English 
4an§uage, without any immediate view to their becoming Christians. 
It seems now to be generally believed, that little effect can be pro- 
duced by preaching, while superstition and extreme ignorance are the 
prevailing characteristics of the people. We have not here, indeed, 
to encounter barbarism : the impediments to conversion are probably 
much greater than really rude and uncivilized life ever presents: 
the progress of our religion is here opposed by discipline and system: 
and by these alone, with the Divine blessing, can it ever make its 
•way : the tenets of superstition are inculcated in early life: the 
popular writings are generally tales familiarising the mind with the 
achievements of Hindoo divinities ; and the Brahmin possesses an 
almost unbounded influence over the people committed to his care. 
While this state of things prevails, the truths of the Gospel are heard 
unheeded: they are not perceived to be truths, nor is there much 
disposition to examine them : they appeal to no recognised principle, 
and they excite no interests: the Hindoo, if he reflect at all, finds 
atonement in his sacrifices, and a mediator in his priest. 

It is conceived, therefore, that one great instrument of the success 
c-f Christianity will be the diffusion of European knowledge : it seems 
almost impossible that they, who in their childhood shall have been 
accustomed to use their minds, can ever afterwards be capable of 
adopting the absurdities and reverencing the abominations now pro- 
posed to them as truth, and the acceptable worship of God : it is 
hoped that by enlarging the sphere of their ideas generally, we shall 
teach them to enquire at least upon subjects, on which we do not 
professedly instruct them : and that they, who have been emancipated 
from superstition, may in time be brought to a knowledge of Christ. 

1 have, however, laid particular stress upon the teaching of English : 
if this were generally understood through the country, it would, 
1 doubt not, entirely alter the condition of the people : it would give 
them access to our literature and habits of thinking : and the familiar 
use of it would tend very much to dissipate the prejudices and the 
indifference, which now stand in the way of conversion. Our lan- 
guage is so unlike every thing Oriental, not merely in its structure, 
but in the ideas to which it is made subservient, in imagery, in 
metaphor, and in sentiment, that a competent acquaintance with it 
seems unavoidably to lead the mind of a native into a new train of 
thought, and a wider field of reflection. We, in learning the languages 
of the East, acquire only a knowledge of words ; but the Oriental, in 
learning our language, extends his knowledge of things. 

The introduction of our language, however, into this country to 
any great extent, is, in the present state of things, to be wished for 
rather than to be expected. To the acquisition of it there has not 



avv.] Bishop Middlctoris Letter. 107 

been much inducement. For almost every purpose of intercourse No. 11. 
with the natives, we have learnt their languages, instead of inviting 
them to learn ours : the effect of which has been, that they have 
hitherto known little more of our religion, our science, and our insti- 
tutions, than may have transpired in an intercourse which had other 
objects in view. Still, however, parents are found, who are anxious 
that their children should acquire our language, especially in the 
neighbourhood of the presidencies; and this disposition is increasing; 
a knowledge of English is found to facilitate the intercourse of the 
natives with the commercial part of the community, especially since 
the opening of the trade ; and it is useful in some of the public offices. 
Of this disposition, we should avail ourselves as far as we can : neither 
is there a backwardness to attend schools for instruction in general 
knowledge ; the only restriction is, that we do not introduce the 
Scriptures, or books directly inculcating our religion ; and even that 
is by no means rigidly enforced. 

3. In the third place, I would make the Mission College subser- 
vient to the purpose of translations. Much has, indeed, been done 
or attempted in this way ; but by no means, as I have reason to 
believe, so much and so well, as to make this department of missio- 
nary labour superfluous or unimportant. We still want versions, 
which, instead of being the work of one or two individuals, should be 
the joint production of several, taking their allotted portions of 
Scripture, submitting their tasks to approved examiners, and sending 
the whole into the world under the sanction of authority. Rapidity 
of execution, and the carrying on of many versions at the same time; 
should not be among the objects aimed at: it is not to be expected, 
that standard woFks can be thus produced. To the same department 
would be committed translations of our liturgy, that thus copies of 
the prayer-book might accompany the Scriptures : hence also might 
emanate translations of useful tracts, or original ones better adapted 
perhaps than any which- yet exist, to the use of the natives : and it 
would be proper fro include under this head what probably has not 
yet been attempted, 1 mean something which might convey to con- 
verts an idea of the nature of Christian society, and the constitution 
of the Church. Success, however, in this department, evidently sup- 
poses the College to be well established, and great progress to have 
been made in the languages by the persons connected with it ; and at 
no period, perhaps, could it supply the number of labourers required : 
but it would doubtless receive assistance from without from persons 
abundantly competent to afford it, and be a point of union for the 
exertions of all, who would wish the native Christianity of India to 
be that of the established Church. 

4. In the last place, I consider the College as affording great 
advantages to missionaries coming from England, upon their first 



108 Bishop Middktoris Letter. [a pp. 

No. II. arrival : they would here live in the society of persons, whose minds 
were directed to the same pursuits: they would have in the Moon- 
shees attached to the institution every facility for acquiring the 
languages : they would have the use of books, and they would acquire 
a knowledge of the manners and opinions of the natives, before they 
proceeded to their destined scene of duty. Every missionary must, 
in fact, have been a year or more in the country, before he can be at 
all efficient ; and no where could he pass this interval so profitably 
as in such an establishment. 

It is obvious, however, that this plan will require considerable 
funds. The 5,000/. already voted will probably be sufficient to 
defray the expence of all requisite buildings including the purchase 
of land. The annual expence of the establishment is a subject of 
separate consideration : in the beginning we should require at least two 
persons, and afterwards three, to be permanently attached to the 
seminary, as professors or teachers : and these should be clergymen 
of the Church of England. The salary of the senior could not be 
well less than 400 sicca rupees per month, or 600Z. per annum; and 
that of his colleague or colleagues 300 sicca rupees per month, or 
450/. per annum ; and I should hope, that men well qualified for the 
work, and really actuated by zeal in such a cause, (without which all 
other qualifications would be useless.) might be induced to accept the 
appointments: in addition to the salary, a residence capable of 
accommodating a family would be assigned to -each. Two Moonshees 
or native teachers would cost together about 1 00Z. per annum. Ten 
students, as above described, might be fed and clothed for about 500/. 
per annum ; and a small establishment of servants would require 
about 100/. per annum. These different heads of expenditure make 
up an annual sum of 2,100/., supposing three professors; or 1,650/. 
with two. Besides this, a printing establishment would in a few 
years require to be supported; and native schools would also be 
attended with some expence (about 36/ per annum) for every school 
of one hundred children, besides about '20/. for building a Foora or 
shed ; but for this 1 have little doubt, that the liberality of the 
Indian public would in great measure provide, as has lately been 
done with respect to the schools of the Calcutta Diocesan Committee. 
I do not know of any contingent expences, except repairs, which in 
the case of new and substantial buildings could not amount to any 
thing considerable for the first twenty years. 

But we are to recollect, that our institution has for its leading 
object the education of persons who are afterwards to be maintained 
as missionaries, catechists, and schoolmasters, and to act under and 
in concert with missionaries to be sent out from England. I suppose 
everv missionary station to be the residence of an English missionary 
(a clergyman), one or two missionaries educated in the college, and 



a pp.] Bishop Middletoris Letter. 109 

who might perhaps be ordained, or a missionary and a catechist, and No. 11. 
a schoolmaster, all from the college. This would be the state of things 
when the system was in full action, and any considerable progress 
had been made. The English missionary would be indispensable to 
direct the course of proceedings, and to give respectability and energy 
to the mission : while the native missionaries would be necessary not 
only for the tasks assigned them, but to give the English missionary 
easier access to the natives, and to assist him in encountering opinions 
and habits with which an European must be less conversant. It is 
difficult to determine, or rather to conjecture, how many stations, thus 
constituted, the College, with the proposed number of students, might 
in any given period supply : much, of course, would depend upon the 
age of admission and the time required for their studies according to 
which the succession would be quicker or slower : but the admission 
might be so regulated as to supply any demand not beyond its actual 
power, which demand would be limited by the funds applicable to the 
support of missionaries, &c. brought up in the college. Upon any 
reasonable supposition, however, a college of ten students would 
very soon supply all that could be required for three missionary 
stations constituted as already described; after which, if necessary, 
the admissions might be reduced. With respect to the English mis- 
sionary, who should be a clergyman, he would require a salary of 
2501. per annum, and his assistants from the college from 150/. to 
80/. each, according to the class of persons to which they belonged : 
or among them 350/. per annum, — and small dwellings, or bunga- 
lows, as we call them in this country, should be provided ; of which, 
however, the original cost is little, and it could not frequently recur. 
Independently of this charge, and a small chapel at each station, 
to be built in due time, which might cost perhaps 500/. we should have 
three missionary stations, well provided, at the expence of 600/. each, 
or 1,800/. for the three ; and if these should have the blessing of God, 
and means were fuund to extend the system, it might be done almost 
indefinitely with a moderate addition of expence within the college ; 
without any, in fact, till it should be found necessary to increase the 
number of students. 

But in this detail of annual expenditure, which I should hope does 
not exceed what may be expected from the public benevolence at 
home, when appealed to by the highest authorities, and assisted 
perhaps in India, I should observe, that some time must elapse, even 
in the most prosperous commencement of the work, before the funds 
required can be nearly so considerable as I have here supposed. 
The expence, which is to accrue without the walls of the college, 
could not arise for some time; and even the whole of the charge for 
students would not be immediate, in as much as the professors or 
teachers must devote some time after their arrival to the acquisition 
of the languages, before they could instruct pupils unacquainted with 



110 Bishop Middletoris Letter, [app* 

No. 11. English. The establishment would at first consist of the two English 
professors, perhaps a very few pupils acquainted with our language, 
two moonshees, and a few servants. In process of time, indeed, such 
an institution might, if blessed by the Almighty, multiply its labours 
and extend its operations through so wide a field as to baffle all present 
calculation of its future wants : but the Society, I apprehend, will not 
consider this remote contingency as an objection to such appropriation 
of any resources which Providence may place at their disposal. 

No funds, however, can ensure a reasonable prospect of success in 
such an undertaking, unless the persons selected to execute it have 
the requisite qualifications. The clergymen, sent out to conduct the 
labours of the college, must possess considerable endowments, he, of 
course, especially, who is to be at the head of it : they should be, if 
not distinguished for general scholarship, at least respectable divines; 
acquainted with the Scriptures in the originals; of frugal and labo- 
rious habits ; and possessing a talent for languages : and without a 
certain ardour of character, a deep feeling of the importance of the 
duties committed to them, and a disposition to value success in such 
an enterprise more than that in any other human pursuit, they would 
not, I fear, answer the end proposed. The senior should not, I 
imagine, be more than thirty years of age, and his colleagues might 
be somewhat younger. With respect both to the professors and the 
missionaries, I would observe, that temper and manner are here of 
the utmost impoitance : the natives require in their teachers great 
patience and mildness : they do not feel strongly themselves, and 
they are easily disgusted by any thing like asperity or irritation. 
I hardly need add, that they should be men of sedate habits and 
of serious piety : the natives look foR these qualities, in all, who seera 
to them to set up for teachers, though they do not find it, or perhaps 
expect it, in their hereditary priesthood. Vacancies in the professor- 
ships should, I conceive, be filled up from among the missionaries, not 
with reference merely to seniority, but to merit and qualifications. 

You will observe, that I have supposed the college to be in the 
immediate vicinity of Calcutta: several considerations make this- 
expedient. The time appears to have arrived, when it is desirable 
that some missionary endeavours at least should have a visible 
connection with the Church establishment : the natives have a pre- 
fereuce, all other things being equal, for that which is countenanced 
by authority ; and this seems to point out the propriety of placing 
this establishment within the Bishop's reach (I speak for myself and 
my successors), that they may- in some measure superintend its pro- 
ceedings, and make it apparent that the propagation of our religion 
is not a matter of so little interest with us, as to be left entirely to 
persons whom none of the constituted authorities avow. Supposing 
the college to be in or near Calcutta, the bishop might act as visitor ; 
but he could not otherwise; in any degree which could be of use. 



app.] Bishop Middletoris Letter. Ill 

Another circumstance, however, seems to indicate the propriety No. 11. 
of the proposed situation : I speak with reference to the literary 
labours connected with the college. Translations will require a con- 
centration of all the learning which can be brought to bear upon the 
subject ; and here, if any where in India, is this aid to be looked for: 
besides, that translators will here have access to books which the 
college-library might not for some time supply. To these conside- 
rations I will add what is, indeed, but an indirect advantage, yet 
ought not to be wholly overlooked, that such an institution in or near 
to Calcutta will attract the observation of our countrymen, serving 
continually to remind them of the great object to which it is directed, 
and to interest them in promoting it. 

Upon the subject of the vote of credit, I ought to observe, that at 
the present, and I believe the usual rate of exchange, I should draw 
upon the Society's treasurer to great disadvantage : at this period the 
loss would be from 12 to 15 per cent. The most advantageous mode 
of remittance to India is considered to be by the transmission of 
dollars, when they do not bear a very high price in London. 

I have thus, Sir, complied with the request of the Society in offer- 
ing them my sentiments upon the subject of their inquiry. In con- 
clusion, I beg leave to add, that the crisis is such as not to admit any 
delay, which can conveniently be avoided. I regret, indeed, exceed- 
ingly, that from my ignorance of the Society's further views, and 
future resources, I cannot immediately avail myself of their vote of 
credit for the purposes here detailed : a year is of great importance, 
and yet a year must be lost. It may appear perhaps that the plan, 
which I have recommended, is somewhat extensive : no scheme, 
however, which is narrow in its first conception, or not capable of an 
almost unlimited expansion, is suited to the temper of the times, or 
to the circumstances of this country. Our power is now established 
throughout this vast peninsula in a degree which, but a few years 
since, the most sanguine did not contemplate : civilization and 
religion may be expected in the ordinary course of providence to 
follow the successes of a Christian state ; and in every view, religious 
or political, ought we to desire, that the faith adopted, and the 
opinions imbibed, may attach the people to our national institutions 
and more firmly cement the connection of India with the British 
crown. 

I request you, Sir, to assure the Society of my cordial desire to 
forward their benevolent designs to the utmost of my power, and that 
I pray the Almighty to direct them in all their deliberations. 
I am, Reverend Sir, 
Your most obedient and faithful servant, 

(Signed) T. F. CALCUTTA. 



No. 12. 



[ 112 ] [app. 

GENERAL ORDERS 

BY THE HONORABLE THE GOVERNOR GENERAL 
IN COUNCIL. 

Fort William ,21 st March, 1823. 

1. Books having been received from the Honourable the Court of 
Directors for the purpose of establishing permanent Soldiers Libraries 
at seven of the principal European stations, they will be supplied 
accordingly to the following places, through the Adjutant General of 
the army, viz. Fort William — Dum-Dum — Dinapore — Ghazeepore 
— Cawnpore — Meerut — Naugpore. N. B. an eighth library will be 
supplied to Berhampore eventually on its arrival from Europe. 

2. On the arrival of the Library at each station, it will be placed 
under the charge of the Chaplain or person acting as such, who will 
furnish a proper receipt to the Adjutant General through the com- 
manding officer, and at each relief or change of station, the Library 
will be made over regularly in station orders and receipts furnished in 
duplicate for the same, one copy for the Adjutant General and one 
for the Brigade Major or other station staff-officer. 

3. In all cases where there may not be a Chaplain resident or 
present, the duty will devolve on the brigade Major or other public 
staff-officer. 

4- To assist in the care and preservation of the books, and to keep 
a proper list and account thereof, the person officiating as clerk 
under the Chaplain, or a steady non-commissioned officer shall be 
employed on a salary of 12 rupees per mensem, from the arrival of 
the books at each station, to be certified by the commanding officer 
and public staff. The bills to be countersigned by the Chaplain or 
public staff-officer as the case may require. 

5. His Excellency the Commander in Chief is requested to issue 
such further orders as may be deemed necessary for the internal 
management and regulation of these Libraries, and to give effect to 
the views of the Honourable Court in their transmission to this 
country. 

(Signed) 

W . Casement, Lieut. Colonel, 
Secretary to Government, Military Department. 
(A true copy) 

E. Molony, 
Acting Secretary to Government. 



APP.] [ 113 ] 

REGULATIONS 

OF THE HONORABLE THE EAST INDIA COMPANY CON- 
CERNING THEllt CHAPLAINS ON THE BENGAL ESTA- 
BLISHMENT. 

Rules relative to Leave of Absence to Chaplains. 

1. A.LL applications for leave of absence either on account of private 
affairs, or of sickness, are to be submitted for the orders of Govern- 
ment through the channel of the Lord Bishop, or in his absence 
through that of the Archdeacon, or episcopal Commissaries. 

N. B. The foregoing rule is to apply to official applications to 
Government of every description from the subordinate Clergy. 

2. Applications for leave of absence from the station on account of 
sickness, are to be accompanied with a certificate in the following 
form, to be prepared in duplicate, signed by the Surgeon or Assistant 
Surgeon of the station, and countersigned by the senior medical 
officer when there may be more than one, specifying the state of the 
applicant's health. 

Form of Certificate. 

I, A. B. Surgeon of — do hereby certify that 

C. D. Chaplain at is in a bad state of health, and I 

solemnly and sincerely declare, that according to the best of my 
judgment, a change of air is essentially necessary to his recovery 
and I do therefore recommend, that he be permitted to proceed 
to sea, or upon the river, &c. (as the case may be) 

Certified at this day of ■■ 18 

A. B, Surgeon. 

3. When an extension of leave of absence from the station maybe 
requisite, a certificate in the accompanying form (B.) is to be 
furnished, and renewed monthly under the signature of the Senior 
Surgeon of the station, civil or military. 

4. Should the individual proceed to any other station, without 
coming to Calcutta, then a certificate is to be procured, and sent from 
the Senior Surgeon of such station, civil, or military, as the case may 
be. But if he come to Calcutta, a similar certificate from the Surgeon 
attending upon him, countersigned by the Superintending Surgeon 
of the Presidency, or by one of the Members of the Medical Board. 

Form of certificate (B.) to be renewed monthly. 

I, A. B. Surgeon at — do hereby certify that 

C. D. Chaplain of arrived here on the . in a 

bad state of health; and I solemnly and sincerely declare, that 
according to the best of my judgment, he is still in such a state 
as to render it improper that he should yet return to resume the 

duties of his office, this — day of 18 

A. B. Surgeon. 



No. 13. 



1 14 Regulations. [a pp. 

No. 13. Gen. Orders, G G. in Conn. 5. I n t h e case of leave of absence from 
'\^^/~^J cil of the 28th Nov. 18.21, and 

as they are applicable to cle~ tne station on account of private affairs ; the 

rical stations, full allowances of Chaplains are to be drawn 

From Presidency, Dum-^ » . v 

Dura, Berhampore, Dha-f -for the periods specified in the margin, to 

najpom^ SlnS? "' Dee ~ j I commen ce from the date of quitting such 

^station. 
Gorukpoor,"! 6 months ^ Q. \ n the case of leave of absence on 

Kanpoor, 7 months. certified sickness, Chaplains shall be per- 
Futei.gurh, 7± months. mitted to draw full allowances whilst to the 
AgXP' } 8 i months - the Eastward of the Cape of Good Hope, or 

Mhow ^ } 9 month3 - bein £ at the Ca P e ' or St * Helena > for the 

time during which such certificate or certifi- 
cates shall testify that leave of absence is, or continues to be 
absolutely necessary to the reestablishment of the individual's healthy 
and to no later period. 

7. The two foregoing regulations are applicable only to cases of 
Chaplains who shall return to India after leave of absence obtained 
either on account of sickness, or of private affairs; or who shall die 
without having previously obtained permission to proceed to Europe. 

8. But Chaplains quitting India on leave of absence on account of 
sickness, or private affairs, who shall proceed to Europe without 
having returned to India, shall be considered as on furlough to Europe, 
from the dates on which they shall have respectively left India, and 
their allowances of office shall be considered to have ceased from 
those dates, agreeably to the provision made in the 33d Geo. 3, 
cap. 50, sec. 37, and conformably to General Orders of the Governor 
General in Council, of the 15th of September 1821. 

9. The Officiating Senior or Junior Chaplain at the Presidency will 
be entitled to all fees arising out of the performance of the functions 
of his office, during the absence of the principal. 

10. Should a voyage to sea, or to the Cape of Good Hope, St. 
Helena, or other settlement within the Company's limits, be deemed 
requisite for recovery of health, a certificate to that effect from the 
Surgeon in immediate attendance, countersigned by one of the mem- 
bers of the Medical Board, is to accompany the application for leave 
in the forms marked (C.) and (D.) But application to be first made 
for permission to come to the Presidency, preparatory to proceeding to 
sea, or to Europe. 

11. A certificate of the date on which the pilot quits the ship, 
to be signed by that person, is to accompany the intimation of final 
departure, which the individual will forward to the address of the 
Civil Auditor. 

12. If there be no pilot on board then the leave of absence is to 
commence from the date of Government Order granting the same. 

13. Application on account of sickness to be further accompanied 
by the medical certificate. 



A pp.] Regulations. 

14. The colony or settlement to which the individual is desirous No. 13. 
to proceed, to be invariably specified in the application for leave, the 
same not being admissible in the general terms " to make a voyage 
to sea." 

15. If the individual's return to the Presidency be unavoidably 
delayed beyond the term of leave, by circumstances over which he 
could exercise no controul, a certificate of the fact, to be signed by the 
chief officer at the place of detention, is to be transmitted with the 
application for the extension of leave. 

16. The individual having obtained leave of absence to proceed to 
sea, (whether to Europe, or not) will apply to the Secretary in the 
General Department for an order to the commander of the ship to be 
received on board (with family, if any) as passenger, and whenever 
the individual may proceed beyond the limits of the Presidency, he 
will furnish the following certificates (F.) and (G.} to be obtained, 
from the offices of Civil Auditor, and Accountant General. 

Form of Certificate (F.) 
This is to certify, that A B. Chaplain on. this establishment, has 

received his allowances up to the and that on 

examination of the accounts of this Presidency up to the latest 
period, it does not appear that Government have any pecuniary 
qlaims against him. 

C. 2>. Civil. Auditor. 
Form of Certificate (G.) 
This is to certify, that on reference to the general books of this 
Presidency to the 30th of April, I do not find that there are 
any pecuniary claims exhibited therein against the Reverend 
A. B. Chaplain in the Honorable Company's Service on this 
establishment. 

E. F. Accountant General. 

17. Should continued sickness prevent the individual's return to 
the Presidency, within the term for which leave of absence may- 
have been granted, a further application is to be made to Government 
for an extension thereof; in which case a certificate from the chief 
medical officer at such colony- or settlement, where the individual 
may then be, is to be sent with the application, stating the necessity 
of a further term, drawn up according to the following form. 

18. A similar course to be pursued upon every subsequent applica- 
tion for renewal of leave, on account of sickness. 

Form of Certificate (C.) 

I, A. B, Surgeon at- — do hereby certify, that 

C D. Chaplain in the Honorable Company's service on the . 

Bengal establishment at — — is in a bad state of health, 

and I think it highly advisable for him to proceed to the Cape 



118 Regulations, [app* 

No. 13. of Good Hope (or as the case may be) by the first opportunity. 

This — — day of 18 

A. B. Surgeon, 
confirmed, C. D. Member of the Medical Board. 
Form of Certificate (D.) 

I, A. B. Surgeon at — ■ — do hereby certify, that C. i>* 

Chaplain in the Honorable Company's Service on the Bengal 

establishment at — , is in a bad state of health, 

and that 1 think a voyage to the Cape of Good Hope {or as the 
case may be) necessary to his recovery. 

A. B. Surgeon, 
confirmed, C. D. Member of the Medical Board. 

19. Should the period of leave originally granted to proceed 
beyond the limits of the Presidency, on account of private affairs, be 
insufficient, satisfactory reasons are to be assigned for preferring an 
application for its extension. 

20. The period of absence on private affairs from the Bengal Pre- 
sidency, is not to be included in the term of service; the completion 
of which, entitles to retirement on pay of military rank. 

21. In case of leave of absence, on certificate of sickness, to the 
Eastward of the Cape of Good Hope, or the Cape, or at St. Helena, 
full allowance to be drawn for the certified time that leave of absence 
is or may continue to be absolutely necessary to the reestablishment 
of health, and to no later period ; but such allowances shall not be 
disbursed after embarkation, or until the return of the party to the 
Presidency. 

22. The above regulation is applicable only to cases in which the 
individual shall return to India, after leave of absence either on 
account of sickness, or of private affairs, or in case of his death (to be 
certified by the chief officer at the place) previously to obtaining per- 
mission to proceed to Europe. But if, after quitting India on leave 
of absence on account of sickness or private affairs, he proceed to 
Europe, without returning to India, he shall then be considered as 
on furlough to Europe, from the date of his departure from India, and 
his allowances are to cease from such date, agreeably to the provi ion 
made in the 33d Geo. 3, cap 50, sect. 37. 

23. chaplains returning to England on furlough, or retiring from 
the service, with the permission of Government, will receive, on 
application to the Secretary in the General Department, a certificate 
according to the following form (H.) a duplicate of which is to be 
forwarded to the Court of Directors, by the next despatch. 

Form of Certificate (H.) 

General Department, the 1 8 ■ 

I do hereby certify that, on the — — A. B. Chaplain 

in the Honorable Company's Service on the Bengal establish- 



App.] Regulations. H7 

merit, obtained the permission of the Governor General in Council No. 13. 
to proceed to Europe on furlough for three years on his private 
affairs, or on account of sickness ; such leave of absence to com- 
mence from the and that on the above date the length 

of service of the said A. B. was years, including (as 

the case may be) an absence of -y ears months 

days, on furlough, as appears by a certificate fiom the 

Civil Auditor. 

A. B. Secretary to Government. 
24 In rase of sickness, a certificate according to form (E.) to be 
signed bv the Surgeon attending upon the individual, and counter- 
signed by a Member of the Medical Board, is to accompany the 
application of leave to proceed to Europe on furlough. 
Form of Certificate (E.) 

I, A. B. Surgeon at do hereby certify, that C. D. 

Chaplain in the Honorable Company's Service on this establish- 
ment, is in a bad state of health, and that it is highly advisable 
for him to proceed to Europe by the earliest opportunity. 

this . day of 18 

A. B. Surgeon, 
confirmed, F. G. Member of the Medical Board. 

25. A statement of length of service compared and certified by the 
Civil Auditor is to accompany all applications to the Secretary to 
Government in the General Department for furlough; such statement 
is to certify the period of actual residence in India; the time of 
absence on furlough on any former occasion, and the intention of 
retiring or otherwise. 

26. Furlough to Europe is limited to three years from the date of 
■embarkation in India ; during which period the full pay of Major is 
allowed, viz. fifteen (15) shillings per diem, after seven years service 
at the least, and from the date of first arrival at the Presidency of 
Bengal. But if granted on account of sickness, prior to completion 
of that period of service, then the pay of Captain only, or (10) ten 
shillings per diem. 

27. An advance of six months pay of Major, or Captain, will be 
issuable in India: such advance to be regulated according to actual 
period of service. 

28. On arrival in England on furlough, a report of the same is to 
be addressed by letter to the Secretary to the Court of Directors, 
accompanied by certificates received in India. 

29. Extension of furlough will not be granted in England except 
in cases of certified sickness, or in those in which it shall be proved 
to the Court of Directors, that further residence in Europe is 
absolutely necessary. 

30. When, under such circumstances, furlough shall have been 



118 Regulations. [app„ 

No. 13. extended to a given period; at the expiration thereof, an application 
is to be made for permission either to return to duty, or to reside a, 
further time in Europe. 

31. Under the exception contained in the act 53 Geo. 3, cap. 15, 
sec. 84, as applicable to cases of sickness, infirmity, or inevitable 
accident, no officer below the rank of Lieutenant Colonel is eligible 
to return to the service, after five years absence under that enactment, 
or [under act 33d Geo. 3, cap. 52, sec. 70 J who may fail to 
obtain from the Court of Directors an extension of furlough, under 
the provisions of these acts. 

32. Pay in England to commence from the date of last pay issued' 
in India, and to be continued for a period not exceeding two years 
and six months from the date of quitting India ; notwithstanding 
that the furlough may have been extended beyond that period : but 
on the return to India an advance of six months will be made, on 
application to the Auditor of India Accounts 

33. If three years from the date of quitting India shall have been 
extended, pay is to cease after the prescribed period. 

34. On return to India, allowances to recommence from the date 
of actual arrival in Bengal. 

35. Previously to embarkation for India on return from furlough, 
a certificate and shipping order are to be obtained from the Secretary 
to the India House, to belaid before Government, immediately on . 
arrival in Bengal. 

36. In the payment of allowances, the time passed in any previous 
furlough is to be reckoned, together with every subsequent furlough. 

37. In case of demise in England whilst on furlough, the estate of 
the deceased will be entitled to the pay due to the time of decease, 
to be certified by the Minister, or Church-wardens, or the chief 
magistrate of the nearest town or borough corporate. 

38. A certificate of unavoidable detention on the homeward voy- 
age, or in England, is to be obtained from the Auditor of India 
Accounts, as the ground of exception to General Rules, if so admitted 
by the Court of Directors. 

39. Pay in England issues half yearly; at Midsummer and Christ- 
mas, when due, a bill is to be presented to the Auditor of India 
Accounts in the following form. 

Form of Bill. 
The Honorable United East India Company Dr. 

To amount of six month's pay (or half pay) as Chaplain 
on the ecclesiastical establishment of Bengal on furlough, 
being for the corresponding rank of (Major or Captain) or 
from 1st of March to the 1st of September at 15 or 10 
shillings per day (as the case may be) £■ 

the — day of — ■ 18 

A.B, 



app.] Regulations. 119 

40. At the period of payment, the principal, or his attorney is to No. 13. 
appear at the office of the Auditor in England. The attorney is 
to produce a certificate signed by the Minister, or Churchwardens or 
by the chief magistrate of the nearest town or borough corporate 
to the nearest place of his residence, testifying to the priucipal 
being alive. 

44. A pay certificate is to be obtained from the Auditor of India 
Accounts, specifying the date up to which payment may have been 
made in England. 

42. In computing the period of service, the completion of which 
entitles to retirement, the period of absence on certified sickness, and 
under regular permission either to the Cape of Good Hope, or other 
settlement, is to be included therein, but not the period of absence 
on account of private affairs, or from other cause than sickness. 

43. The following certificates to be obtained from the Secretary to 
Government in the General Department, previously to quitting the 
Presidency, whenever a Chaplain may have an intention of retiring 
from the service. 

Form of Certificate (K.) 
I do hereby certify, that A. B. Chaplain in the Honorable Com- 
pany's Service on the Bengal establishment, obtained on the 

day in the year permission of the 

Governor General in Council to proceed to Europe, with the 
option of retiring from the service, and that at the above date, 

the length of service of ihe said A. B. was — years 

including an absence of — years months days 

on furlough, as appears by a certificate from the Civil Auditor. 

Criven under my hand at Fort William this day of 

C. D. Secretary to Government. 

44. The intention of retiring from the service is to be signified 
•to the Court of Directors, within twelve months immediately after 
arrival in England. 

45. The vacancy caused by retirement from the service, is to be 
reckoned from the date the Pilot may leave the ship on which the 
individual embarks for Europe. 

46. Chaplains after 18 years service, including 3 years for one fur- 
lough, are entitled to retire on the pay of Lieutenant-Colonel, viz. 
£365. per annum : should sickness, however, compel them to quit 
the country after 10 years service, they are entitled to retire on the 
half-pay of Lieutenant-Colonel, viz. £ 200. 15. per annum: and if 
compelled by the same necessity to quit the country after 7 years 
service, they are then entitled to retire on the half pay of Major, viz. 
£ 173. 7. 6. per annum. 

47. Retirement from the service, in cases in which no express 
intention has been signified, to be assumed and computed after the 



I2t) Regulations. [app. 

No. 13. (expiration of 3 years from the date of quitting India, unless fur- 
lough be extended, then from the date of the expiration of such addi- 
tional time, or otherwise from the date on which the application to 
retire may be laid before the Court, which ever shall first happen 

48. In cases of retirement, testimonials from the Lord Bishop of 
Calcutta as to conduct in India, to be transmitted to the Honorable 
the Court of Directors through the Government. 

By command of the Governor General in Council, 
(Signed) E. Molony, 

Acting Secretary to Government. 



( 121 ) 
ADDENDA. 



Page 76. — At the end of the first paragraph add note : — 
In Hay don v. Gould, 1 Salk. Rep. 119. See also Burn, vol. 2, 
p. 472, where the parties were Sabbatarians, and their marriage not 
celebrated by a Priest, it was decided, that a party claiming under 
the ecclesiastical law, must prove himself a husband according to 
that law, to entitle himself to administer as such. But where there 
is*a marriage de facto only, the wife or children who are not in fault, 
may be entitled to a temporal right. So, if there is a marriage de 
facto, husband and wife may sue for a debt due to the wife. Alleyne 
and Uxor v. Grey, Salk. 437. 



Page 103.— After forms, insert the following :— 

1 by divine permission Bishop of Calcutta. To 

our beloved in Christ greeting. We do by these 

presents give and grant unto you, in whose fidelity, morals, learning, tjwonrv 
sound doctrine and diligence, we do fully confide, our licence and 

authority to perform the office of a Missionary Minister at 

and within the missionary circuit of in the Archdeaconry of 

within our diocese and jurisdiction, and to which you are 

nominated by us, or at any other station within the said archdeaconry 
to which you shall from time to time be appointed and removed 
with our consent to be hereon indorsed, in reading the Common, 
Prayer and performing all other ecclesiastical duties belonging to the 
said office, according to the form prescribed by the authority of 
Parliament, and the canons and constitutions in that behalf lawfully 
established and promulged, and not otherwise, and also to preach 
and expound the word of God as a Missionary, within the said 
circuit, you having first satisfied us of your having obtained the 
licence of the Honorable the East India Company to reside in India, 
as well as of your having been admitted to the holy order of Priests, 
and also having before us subscribed the articles, taken the oaths, and 
made and subscribed the declaration which in this case are required 
by law to be subscribed made and taken : and we do by these presents 
assign unto you all and singular the salary and emoluments already 
granted or annexed, or which shall or may at any time or times 
be granted or annexed to the same, for performing the duties and 
functions aforesaid. Provided always, that nothing herein contained 
shall prejudice the rights belonging to the licenced Ministers and 
Chaplains for the time being of the station of . And hereby 



122 



ADDENDA 

reserving to us and our successors, Bishops of Calcutta, the power 
and authority of revoking these presents, and all things herein con- 
tained whenever we shall see just cause for the same. In testimony 
whereof we have caused our episcopal seal to be hereunto set and 

affixed. Dated this day of in the year of Lord 

and of our consecration the 



Episcopal li- Since this work was put to press, and the foregoing written, Epis- 

cences of mar- copal Licences of Marriage, in the Archdeaconry of Calcutta have been 

riair^ at Cal« • 

cutta. directed, by Bishop James, to be issued in future, from the Bishop's 

Consistory Court at Calcutta, and Surrogates have been appointed for 

that purpose, according to Canon 12-8, and the Marriage Act. 

The public notice given of the above, in the Calcutta Journals, was 

as follows : 

ECCLESIASTICAL : 

Notice is hereby given, that the Reverend William Eales, A. M>, 
and the Reverend Joseph Rawlins Henderson, A. M., Chaplains 
Officiating at the Cathedral, Calcutta, have been substituted Surrogates 
by and under the Venerable Daniel Corrie, Archdeacon and Commis- 
sary of the Right Reverend the Lord Bishop of Calcutta, in and for 
and throughout the Archdeaconry of Calcutta, within the jurisdiction 
and diocese of Calcutta. 

And that all persons in the above Archdeaconry, requiring Dispen^ 
sations or Licences of Marriage, under the episcopal seal, may* on 
application to either of the above Surrogates, or to the Registrar of 
the Bishop's Consistory Court at Calcutta, obtain the same on com- 
plying with the necessary forms. 

By order of the Right Reverend John Thomas, Lord Bishop of 
Calcutta. 

"W. H. Abbott, Registrar. 
Dated this 1st day of July 1828. 

In reference to the notice above mentioned, the subjoined may be 
considered as the established and necessary forms adverted to, and 
may be found useful to be added. 



No. l. FOR just and reasonable causes me hereunto moving, I » 

pomTment^of a Arcndeacon of tne archdeaconry of and Commissary of the 

Surrogate. Right Reverend by divine permission Lord Bishop of Calcutta, 

do hereby appoint and substitute you, the Reverend one of 



ADDENDA 



123 



the Ministers and Chaplains in the archdeaconry of to be 

a Surrogate in and for and throughout the said Archdeaconry within 
the said Diocese, in order that Episcopal Licences of Marriage may 
be granted, and for that purpose, to administer all such ecclesiastical 
oaths as are expedient, and to do and exercise all such matters and 
things which shall be necessary in that behalf, within the limits of the 
said Archdeaconry and no where else; and in all cases of doubt or 
difficulty 1 recommend your applying to the Registrar of the Archdea- 
conry of for the time being; you having first taken the 

following oath before me, that is to say, 

" I do swear that I will faithfully execute the office of 

Surrogate within the Archdeaconry of — under the Com- 
missary of the Right Reverend the Lord Bishop of Calcutta, 
lawfully appointed according to law, and to the best of my. 
knowledge. So help me God." 

Given under the episcopal seal of the see of -' — — 

Dated this day of — — in the year of our Lord — — — ~ 



KNOW all men by these presents, that I . am held and 

fijmly bound to in the sum of sicca rupees 



of good and lawful money of Bengal, to be paid to the 

said — for the well and faithful payment whereof, I bind 

myself, my heirs, and executors, and administrators, firmly by 

these presents. Sealed with my seal. Dated this day of 

— in the year of our Lord =-. — - — 

Now the condition of this obligation is such, that if the above 

bounden — — deputed Surrogate of within and for the 

Archdeaconry of — in the diocese of i to the end 

that Licences of Marriage to be solemnized therein may issue, doth 
and shall well and faithfully execute the said office according to law 
and the best of his skill and knowledge, then this obligation to be 
void and of no effect, otherwise to remain in full force and virtue. 
Sealed and delivered in the presence of 



No. 2. 
Surrogate's 
bond to the 
Bishop. 



Within the Archdeaconry of Calcutta 
and Diocese of Calcutta 

Before me 



I, the above named 
of Calcutta 



No. 1. Oath. 
of — 



No. 3. 
Form of oaths 
to be complied 
with and taken, 
for obtaining 
licences. These 
are returned by 
the Surrogate, 
to the office of 
in the A rchdeaconrv J 1,e Registrar 

tor record ; 



In the matter of 
and ■ 



do swear that I have attained my full age of upon which, the 

licence issues* 



124 ADDENDA. 

twenty-one years and upwards, and am desirous of being married to 

the above named — of « — - and of obtaining a licence 

for that purpose. 
Sworn at 



this day of 

Before me - 



1ZZ] 



No. 2. Oath, 

I, the above named ■ of do swear that I haye 

attained my full age of twenty-one years and upwards -- — 

Sworn at — } 

this day of 18 3 

Before me 

#o. 3. Oath. 

And we the said Deponents ~ and do also jointly 

swear that we do verily believe there is no let or impediment of pre- 
contract, kindred, or alliance, or any other lawful cause whatsoever, 
or any suit pending in any Ecclesiastical Court to bar or hinder the 
proceeding of the said marriage. 

Sworn at "1 

this day of 18 j 

Before me — 



No. 4. Oath of the Parent or next Friend. 

- of the* of the above named 



do swear that the said is now residing at and is a 

minor under the age of twenty-one years, to wit, of the age of . 

years ; and that I do at his express request, and as his* — — 

consent to his intermariage with the above named of 



and that the said is desirous of obtaining a Marriage Licence 

to enable him to marry with the said - — - 

Sworn at | 

this day of 18 i 

Before me 



No. 5. Oath of the Parent or next Friend. 
I of the* of the above named 



do swear that the said is now residing under my care and 

protection, and is a minor, under the age of twenty-one years, to wit, of 
the age of years or thereabouts, and that she hath expressed 



* Here give the designation of the party, whether the lawful father or mother or 
next friend or guardian in India, (as the case may be). 



ADDENDA. 125 

to this deponent her consent to intermarry with the said ; 

to which marriage also I have at her request consented on her behalf. 

Sworn at } 

this day of 18 > 

Before me 



No. 4. 

FOR just and reasonable causes— hereunto moving: Episcopal com- 

.... „ „. . , . ,. '. j mission for ad- 

VVhereas an application for a Marriage Licence or dispensation under n ,i,n S tering the 

the episcopal seal of the see of Calcutta, hath been made to like oaths in the 

.. interior, where 

by or on the part of of - who it is alleged is about n0 Surrogate 

to intermarry to and with of within the diocese may happen to 

J reside. The 

of Calcutta. Now therefore do by reason of the great dis- Registrar as 

tance of from and for other sufficient causes, t t foT thiTcS 

and to the end that the said Episcopal Licence may issue, hereby, mission, which 

• n • - •» i .-. c j is generally 

especially appoint and substitute you ot — and directed to the 

of in the said Archdeaconry of within Clergyman 

who is to so- 
the said diocese, the several Commissaries, and either of you to admi- lemnize the 

nister to the said parties, or anv persons competent in their behalf, ma,ria ge; and 
r J \ ., ■ . .. * when executed 

such of the several oaths hereunto annexed, as are expedient to enable is returned to 

the said parties to obtain the said Licence. And what you or either be^ecordeT ^ 

of you shall do or cause to be done in the premises by virtue hereof, To thiscom- 

you or either of you are duly to certify to or to the Registrar proper oat b s 

of the said Archdeaconry of together with these presents, are annexed. 

Given under the episcopal seal of the see of Calcutta (which in this 

behalf is used) this day of in the year of our Lord 

one thousand eight hundred and — 



Indorsement. 



I hereby certify the return of this Commission appears by the 
schedule annexed. 

Commissary. 



Instructions for executing the above Commission. 

You will use great caution in examining the parties to be sworn, 
filling up the forms with the names and places of residence, and dates, 
at full length. 

In the parties to be married are both of full age (twenty-one years) 
you will administer to them the three oaths, Nos 1, 2, and 3. 

If both parties are under age (i. e. twenty-one years) you will sub- 
stitute and administer to their parents, guardians or next friends, 
the two oaths, Nos. 4 and 5, instead of Nos. 1, and 2. 



158 ADDENDA. 

If one of the parties is only of full age and the other not of age, 
you will then use either of the forms Nos. 1 and 2, as applicable with 
either of the forms Nos. 4 and 5, as also applicable, but in all cases 
Nos. 3 oath, must be administered. 

You will see that the parties sign their respective oaths, and you 
will afterwards fill up and sign the memorandum at the foot of each, 
and at the certificate above written, and return this commission with 
the annexed schedule to me. You will then sign your name as 
Commissary on the licence, filling up the blanks, aud deliver the same 
to the parties. 

In case the party to be married is a minor, either in the Civil or 
Military Service, and without possessing either parents or guardians 
in this country, the marriage must be with some satisfactory assur- 
ance, that the permission of the Governor General has been first 
obtained for his marriage. 

A. B. Registrar for the archdeaconry of Calcutta- 



No. 5. Within the Diocese I 
Form of the of Calcutta. } TO of in the Archdeaconry 

Episcopal Li- f Calcutta, within the diocese and jurisdiction of Calcutta and 

cence of Mam- J 

age at Calcutta. of in the said Archdeaconry health and 

grace. Whereas it is alleged that ye being of full age have resolved to 
proceed to the solemnization of true and lawful matrimony, and that 
ye greatly desire that the same may be solemnized, according to the 
rites of the United Church of England and Ireland, without the pub- 
lication of Banns. And being willing that these your reasonable and 
honest desires may be effected, and to the end therefore that this 
marriage may be publicly and lawfully solemnized without the 
publication of Banns by the officiating Minister in holy orders at 

aforesaid, or by such other Minister in holy orders as may 

be lawfully authorized to perform the same within the diocese of 
Calcutta, aforesaid, provided there shall be and appear no lawful 
impediment in this case by reason of any consanguinity, affinity or 
any other cause whatsoever, nor any suit, controversy or complaint be 
now depending, or shall be moved before any Judge, ecclesiastical or 
civil, for or by reason thereof; and provided the solemnization of the 
said marriage be within the canonical hours, and be solemnized also 
within the Church of the station where one of the said parties do reside, 
or if there be no Church then at the place where public worship hath 
been usually performed at such station, according to the rites of the 

said United Church do for lawful causes graciously grant 

this Episcopal License and faculty, as well to the parties contracting 
as to the said officiating Minister, or such other Minister in holy 
orders as may be lawfully authorized to solemnize the said marriage 



ADDENDA. 127 

between you according to the rites of the Book of Common Prayer, set 
forth for that purpose by the authority of the Parliament of Great 
Britain ; provided always, that if in this case, there shall hereafter 
appear any fraud suggested, or truth suppressed, at the time of obtain- 
ing this licence, then this licence shall be null and void to all effect 
of law, as if the same had never been granted; and in that case 

do inhibit all Ministers, if any thing of the premises shall 

come to their knowledge, that they do not proceed at present to the 
solemnization of the said marriage. Given under the episcopal seal 

of the see of Calcutta, which in this behalf is used, this day 

of in the year of our Lord, one thousand eight hundred 

and — *- 



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